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(영문) 서울서부지방법원 2014.02.20 2013고정2801
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

From February 2, 2012 to May 8, 2012, the Defendant sent the victim B and studio studio in Canada debate.

A person who, for the purpose of slandering a person, does not impair another person’s reputation by openly pointing out false facts through an information and communications network, with the aim of slandering that person, the accused

A. A. On May 8, 2012, at a place not known to the victim’s (i.e., Facebook) via the victim’s “ Pest North Korea” message, thereby impairing the victim’s reputation by revealing a false fact openly through an information and communications network, with the following contents: “B frauded to us and caused fraud to us, and 400 U.S. dollars was received from a new studio set. It was originally included in the household fee. Moreover, other studio sets were in line with the doping of the household fee originally included, and other studio sets were in line with their several clothes and intended to not pay for the last studio fee.”

나. 피고인은 2012. 5. 11.경 알 수 없는 장소에서 불특정 다수인이 열람할 수 있는 인터넷 사이트 디시인사이드 갤러리에, ‘**꼭 한번만 읽어주세요** 사기꾼 정보 좀 퍼트려주세요!!’라는 제목으로 피해자의 인적사항과 사진을 게시하고, 위 가.

The purpose of this article is to reveal false facts through the information and communications network, thereby impairing the honor of the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on the data closure of each screen;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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