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(영문) 서울남부지방법원 2015.02.13 2014고단5197
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

On August 22, 2014, around 16:55, the Defendant had a sexual relationship with the victim C with travel expenses.

Despite the fact that there was no possibility of being discovered by being pregnant with a letter of travel expense or travel expense, the title "Dal City...." was posted by accessing the Internet D website Sscrip bulletin board (D) with a view to slandering the victim by visiting the Internet D website (D) by means of a computer located in the location, and entering the fact verification at BH as a member who was discovered by being pregnant with a sex relationship with the travel expense and sex relationship among the E-party members. The reporters: (a) report to C; and (b) report to Ra, and in other words, the other words "F.."

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning G;

1. Each fact-finding certificate;

1. Application of the Acts and subordinate statutes on closure, such as notices attached to a written petition;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The degree of damage to honor is not somewhat weak in light of the content of the notice of this case, the injured party’s occupation and social status, etc. on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

However, in the above article, the contents related to the victim are only some, and the above article is published in the lux bulletin board of the D website as "Dara", and the possibility of the general public to believe it as true in light of the contents and the place of publication, etc.

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