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(영문) 서울서부지방법원 2019.01.18 2017고정1354
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. He/she shall not defame any third person by openly pointing out false facts through information and communications networks with intent to defame a person in violation of the Act on Promotion of Information and Communications Network Utilization and Information;

Nevertheless, at around 11:26 on June 2, 2017, the Defendant posted a notice on the column of the Internet article (G) of the Internet article (G) of the title “F,” “F,” “F,” “F, with the aim of harming the victim C, etc. on the building in Mapo-gu Seoul, Seoul, and the branch,” and “F, with the aim of 50 people from the face date to the face date, it is co-owned with the Defendant’s writing that “F, with the aim of 50 people from the face date to the face date, clearly indicate the case of the opening of the prison and the case of the overlapping non-admission of the face date of the prison,” which read, “C, with the intention of harming the victim C, etc. on the face of the 11:26th anniversary of the face date.”

Accordingly, the defendant has damaged the reputation of the victim C by openly pointing out false facts.

2. On May 13, 2017, the Defendant posted a statement of “E” in the “E” account linked to the “D” account, i.e., “E” account, such as “A,” and posted a statement of comments on the said Internet article’s text on May 13, 2017, i.e., “minimum intention,” No. 1 to 3.

Accordingly, the victim openly insulting C.

Summary of Evidence

1. Statement of examination of the witness in the Seoul Central District Court 2017 Godan789;

1. A certificate of conferment of degree, or a registered certificate;

1. Certification related to the operation of aircraft;

1. Family relation certificate and marriage relation certificate;

1. E-learning data submitted by the complainants and the closure data of a news article and the closure data of a suspect in writing;

1. Application of Acts and subordinate statutes of the Incheon District Court 2017 High Court Decision 2714

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of defamation), Article 311 (a point of insult) of the Criminal Act, and the selection of fines for negligence under each relevant Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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