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(영문) 수원지방법원 안산지원 2018.11.14 2018고단3073
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a university student during the period from 2015 to 2016.

On June 4, 2017, the Defendant knew that the victim was married with another female on the part of the victim, and had the victim feel a sense of worship, and had the victim feel a false fact, despite the fact that there was no child between the Defendant and the victim, the Defendant had the mind to spread a false fact via the Internet.

On April 2018, the Defendant connected the building N in Gangnam-gu Seoul Metropolitan Government M, posted his or her SNSO a victim’s marriage photograph, and followed up the Defendant’s following: (a) by stating that he or she was in the first year of marriage between PL L and that he or she was born to L, and that he or she was fried to divorce.

^^ 양육비 청구할 거야 니 주변인들한테 다 팔로 우 걸어서 라도 찾아낸다 #L #P # 이혼 # 양육비 #L 은 애 아빠 # 사기 결혼” 이라는 허위의 글을 게시하였다.

Accordingly, the defendant has damaged the reputation of the victim by openly exposing false facts through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes on the screen of a person to whom this article is posted;

1. Article 70 (2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc., and Selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in demanding a statement of waiver of parental authority by a child who did not result in the defendant, and the attitude of demanding child support by the victim as well as demanding the victim to meet the victim and blocking contact, which led to the crime. After that, the victim's direct contact with the victim and informing the victim of the content of the notice. In the process, there is no need for a strict punishment for the defendant in that the victim and his/her spouse suffered a lot of mental pain.

However, it shall be voluntarily deleted the fact that a confession has been made to commit an offense, and the letter of notice shall be deleted.

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