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(영문) 의정부지방법원 2021.01.13 2020고단5829
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant and the Victim B, who took advantage of the game by joining the same group in the mobile game “ king”, was a person who belongs to the same group, maintained a kind of relationship by running several meetings in the offline, and was well aware of who is referred to in anyone.

On March 29, 2020, the Defendant, at around 03:16, at the Defendant’s home located in Namyang-si, referred to the victim’s ID in the total server hold that anyone can see if the members of the same group are members of the same group in the above game at around 03:16, 200.

떡 정이 있어서 최대한 협의했는데 ’라고 작성하여 게시하고, 2020. 4. 15. 00:40 경 위 장소에서 위 서버 채팅 창에 피해자의 아이디를 지칭하면서 ‘D랑 올림픽 대로에서 떡치 던 기억이 ’라고 작성하여 게시하고, 2020. 4. 15. 19:00 경 위 장소에서 위 채팅 창에 ‘ 아 확실한 건 촉촉 이에 임신은 안 되 서 질 싸 팡팡’, ‘ 불임 설명보다 싸는 게 빠릅니다

Then, the Defendant and the victim publicly posted false facts as if they were sexually related to the Defendant and the victim, even though they did not have any improper relationship, such as sexual intercourse.

Accordingly, the defendant has damaged the reputation of the victim by openly using information and communication network with a false intention to defame the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing the complaint;

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., of Specific Criminal Facts and the Selection of a fine;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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