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(영문) 대구지방법원 2015.12.23 2015고정2764
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, around 00:33 on August 3, 2015, the Defendant accessed the victim C’s Facebook with his/her cell phone in the vehicle located in Daegu Suwon-gu B, and damaged the victim’s reputation by revealing publicly false information through the information and communications network by inserting the comments stating that “if the victim is not a woman engaging in sexual traffic, it shall be considered that the fraud would be negative,” and “more women's fraud in sexual traffic” even if the victim is not a woman engaging in sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to data and text data from 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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