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(영문) 대전지방법원 논산지원 2017.09.19 2017고정95
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

Defendant

A is a person who had been the secretary general of the C Secretariat around August 18, 2015, and the victim D is a person who has been a C2 principal from around 1964 to the date.

No person shall conceal any false information openly through an information and communications network with intent to defame any other person, thereby impairing the honor of any other person.

1. On November 4, 2015, the Defendant used the Defendant’s portable phone at a place where it is not known about 08:45 on November 4, 2015, not “D is not the representative of C, but the president of the Incorporated Foundation is not the representative.

Nor is eligible to issue any further military or order.

C I have the same amount of money to be deducted from E, F, etc. of F, who is not a legal person who has followed C’s Secretariat, urged documents, and interfered with business.

Until now, I have the honor to take back the money of Shindo under the pretext of giving it with false information to C, and treating fright and sickly.

After preparing a text message containing “C” and transmitting it to G, an executive officer of C, thereby impairing the honor of the victim D, who is a C, by openly pointing out false facts.

2. On November 5, 2015, the Defendant indicated the indictment as “09:51 around 21:14,” but appears to be an error. By transmitting the text message as stated in paragraph (1) to H, an executive officer of C, in the manner described in paragraph (1), thereby undermining the victim D, who is the principal owner of C, by openly pointing out false facts.

3. On November 5, 2015, at around 21:16, the Defendant, in the same manner as indicated in paragraph 1, sent the text messages as indicated in paragraph 1 to C, N, I, and J, thereby impairing the victim D, who is the principal state of C, by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to F and E;

1. Application of the Acts and subordinate statutes governing message pictures;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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