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(영문) 대구지방법원 영덕지원 2015.10.14 2015고정43
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

Nevertheless, at around 23:40 on February 3, 2014, the Defendant posted a notice on the C Newspaper bulletin board, stating that, for the purpose of slandering the victims, the Defendant posted a written complaint demanding the Defendant to dismiss the Defendant in this Chapter on the said bulletin board, the Defendant posted a notice to the effect that, “The Defendant embezzled KRW 1280,000,000 for public funds and then voluntarily withdrawn on July 12, 2011,” the title “The Defendant posted a written reply to the removal of the Defendant in E”.

However, in fact, the victim has embezzled 1.28 million won or has not been voluntarily withdrawn at the elderly president.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Statement to the effect that “the defendant has posted the same article as that of the facts charged” in this Court

1. Part of the statement made D or F in the second police interrogation protocol against the accused;

1. Statement of each police statement made to F and D;

1. Application of D's Acts and subordinate statutes on the complaint;

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

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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