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(영문) 서울중앙지방법원 2013.11.05 2013고단1050
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. The defendant is a person who has been sentenced to imprisonment for ten years and six months on May 23, 1962 with prison labor for a violation of the Cabinet Order at the Central Martial Law Court's conference on September 7, 1963, imprisonment for a violation of the Act on Special Cases concerning the Punishment of Specific Crimes (compactation of false facts) at the common military council of the Army Headquarters on September 7, 1963, imprisonment for one year and six months on August 28, 1986 with prison labor for defamation at the Southern Branch of the Seoul District Court's Southern Branch of the Seoul District Court on August 30, 1993; imprisonment for two years and six months on August 30, 1993; imprisonment for a violation of the Act on Special Cases concerning the Punishment of Specific Crimes; and a person who has been subject to criminal punishment for a violation of the Act on Special Cases concerning the Punishment of Specific Crimes at the Seoul District Court's meeting of the Seoul District Court on June 25, 1998.

2. Defamation;

A. As in the past paragraph 1 of the same Article, when the Defendant was subject to criminal punishment at the Gun Council due to suspicion of spreading false facts about the C President and the government of the Revolution at the time, the Defendant made a criticism on the elected victims D 18th President, who are his father of C regime and C, and claimed that the victim had a cruel relationship with E, while collecting suspicion articles that the victim had a cruel relationship with E, the victim had expressed that there was a common force and moral problem.

In the meantime, when the victim was elected to 18th President, the victim entered false suspicions such as having a victim with E, etc. with the intention of obstructing his taking office, and made a copy of the accusation received by the Supreme Prosecutors' Office, etc., and then distributed the article of slandering against the victim through the media, but it was impossible for the media organization to meet the will of the defendant.

On February 2013, the Defendant became aware of FBJ (Brodsting Jky), which operated the broadcast of “H” from “F” on the Internet website “F,” and, upon receiving an interview proposal related to the suspicion against the victim from the I’s side, criticism against the said victim and assessment.

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