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(영문) 서울중앙지방법원 2017.11.29 2017고정1649
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who uses the "D" in the Internet portal site 'C' in the following portal site.

Victims E is a 'F' operator of the Internet portal site following the Internet, the defendant and the victim are residents of Gangnam-gu Seoul Metropolitan Government.

On December 3, 2016, the Defendant: (a) opened a Kafa in the Internet (hereinafter “C”); and (b) opened a Kafa in the Internet (hereinafter “H”); (c) “Afafafafafafafafafafafafafafafafafafafafafafafafafafa

Among them, there was a fluorous 106 fluorous fluorous fluor who had been fluorous fluorous fluorous fluorous fluorous fluor in 105 5, 6 Ra.

In the complex, we have the ability to fraud against the occupants and in a lusent shape.

"........." in writing comments on its content that "... in the apartment complex in which I wish to feel and express Ix, the residents' morale and (b) have been put in our Dong."

“ ........”

However, in fact, there was no person who has caused damage to residents by fraud.

Accordingly, the defendant has damaged the reputation of the victim by openly exposing a false fact through information and communication network with the aim of slandering the person.

Summary of Evidence

1. Legal statement of witness E;

1. Investigation report (to hear statements by C members), investigation report (to examine false facts);

1. The application of 15 statements (excluding the part before the court), including the evidential materials posted false facts on the victim, the materials submitted by the victim, the materials additionally submitted by the victim, the materials submitted by the victim, the I for reference to the submission of the victim, and the Acts and subordinate statutes

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

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

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