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(영문) 서울남부지방법원 2020.09.09 2020고정560
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

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

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

Reasons

Punishment of the crime

The complainant B served as the president of C (hereinafter referred to as “C”) from January 17, 2011 to January 16, 2017, and Defendant A served as the head of C Management Support Division, etc. from May 2, 2012 to March 2.

On March 30, 2019, the Defendant, as the title “E” on the Internet Cheongdae National Petition bulletin Board (D), written a letter to the effect that “At the time of his/her employment in C, the complainant committed sexual harassment and indecent act against C employees and public officials belonging to the Si, committed employment corruption and embezzlement, and damaged the reputation of his/her employees by abusive language and abusive language.”

However, the complainant has committed sexual harassment and sexual harassment, the fact that he/she committed employment corruption and embezzlement, and there was no hump or verbal abuse against his/her employees, and there was no hump or verbal abuse and defamation of honor.

Nevertheless, the Defendant committed sexual harassment and indecent act against C employees and public officials belonging to the Si at the time of his/her service in C, committed employment corruption and embezzlement, and harmed the employees by putting his/her abusive and verbal abuse on the Internet Cheongdae National Petition bulletin Board, thereby impairing the reputation of the complainant by revealing openly false facts through an information and communications network for the purpose of defamation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Notice posted by the accused;

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

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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