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(영문) 부산지방법원 2018.04.10 2017고정854
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. In January through February 2014, the Defendant defamationd the victim’s reputation by openly pointing out false facts to D and C, even though F in a de facto marital relationship with the victim E and the Defendant was not in a badial relationship.

2. Despite the fact of violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) does not relate to F, the Defendant, on September 4, 2016, using the Defendant’s mobile phone, does not live immediately in the Kakakao Stockholm Stockholm, “I. F. F. F. F. F. F. F. F. F. F. F. F. F. L. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F

“A notice was posted by the 8th day of the same month, stating that the victim and H were the female with no wheels.”

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to Kakao Stockholm writing on a person against whom the crime was committed, and to report on investigation (to hear statements D by reference witnesses);

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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