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(영문) 광주지방법원 2020.04.23 2019고정1217
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of one million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall reveal any fact openly through an information and communications network with intent to defame any person, or reveal any false fact to impair the reputation of any third person.

Nevertheless, around September 30, 2019, the Defendant posted a false statement on September 30, 2019, stating the following facts: (a) the Defendant voluntarily posted the victim E’s foreign registration certificate in order to allow the unspecified or many people to view it as D, after having access to the app from the mobile phone in the Gwangju Mine-gu B apartment, Gwangju-gu, and its own dwelling area; and (b) the Defendant posted a false statement on the fact that “The victim is the victim’s victim’s victim registration certificate; (c) the change of fraud was made; (d) the change of fraud was made; (e) the Defendant had 30 persons for 2-3 months and did not grant wages.”

As a result, the Defendant posted false information that has not been verified on the information and communication network for the purpose of slandering the victim, thereby impairing the honor of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Data to close up a sign of defamation of the Pestbook;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to evidential data by capturing up the fest bulletin on the Facebook);

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act for detention in the workhouse (where a sentence of suspension of execution of punishment is invalidated or revoked, and the defendant does not pay the above fine, KRW 100,000 per day) are confessions of the crime and reflects his mistake, the defendant is the primary offender, and the defendant did not receive the meal cost from the victim, and thereby he shared and posted another person's comments on his Facebook to his facebook. The crime of this case is committed.

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