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(영문) 서울동부지방법원 2016.09.21 2015고정1832
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 23, 2014, the Defendant posted a statement on the Defendant’s Internet bulletin board that “A victim D provided economic benefits to doctors, and violated the Pharmaceutical Affairs Act” to the effect that there was no crime in relation to a case under investigation, and that there was no criminal intent in relation to the case under investigation, at the same time, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) and the Defendant did not receive any money even at the same time with designated consulting.

I asserts.

The complainant who is the interest-based complainant of the instant case asserts that D is the rebates only by the person.

A party who has been urged to emphasize that he is a law for one of the members of the business has started to change his personal corruption from one's own position to one's own position.

“ .... ......”

Accordingly, the Defendant, as seen above, damaged the reputation of the victim by disclosing public facts through information and communications networks with a view to slandering the victim.

2. No person who violates the Act on the Protection of Public Interest shall inform another person of his/her personal information or any fact which enables him/her to recognize that he/she is a reporter of public interest, or disclose or report such fact to the public.

Nevertheless, the Defendant disclosed the real name of D to the Defendant’s Internet page bulletin board in the public interest reporter who provided the proviso to investigation on the violation of the Pharmaceutical Affairs Act, which is an act of infringement of public interest, in a manner like Paragraph 1, at the same time and place as Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Views by posting a fluore letter to the fluor;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 70(1) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection of Criminal Facts (a statement of fact through an information and communications network);

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