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(영문) 서울중앙지방법원 2019.03.27 2018고정2577
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
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

1. On September 23, 2017, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Act”) committed an indecent act on the part of the Defendant’s wife B and the victim C, a high school alumni, obtained conversations by dividing the contents of conversations in the vehicle parked parking lot of the first floor in Seoul D D department department department, by a vehicle black file, and the victim was found to have committed an indecent act on the part of the above B, under the influence of alcohol. Although the Defendant made it clear that the Defendant had not committed an indecent act on the victim’s sexual nature, the Defendant was able to criticize the victim by disclosing the fact that the Defendant concealed the victim’s real name as the content of the said conversation on the Internet, etc., without disregarding it.

On September 26, 2017, at around 15:49, the Defendant prepared and posted a letter to the effect that “F” was “F,” using his/her mobile phone, thereby “F, by taking advantage of the status of supervision over the Defendant’s wife,” and on September 26, 2017, the Defendant prepared and posted a letter to the same effect on the website G bulletin board as “H”, and around February 26, 2018, at J Hospital located in the I building at the Internet site K bulletin board, a letter to the same effect as “L”.

Accordingly, with the aim of slandering the victim, the defendant, through the information and communication network, defamed the victim by disclosing the fact that the defendant was concealed through a black box voice recording.

2. The Defendant, at around 18:00 on October 12, 2017, at the Nstore located in Gangnam-gu Seoul Metropolitan Government, was aware of the Defendant’s “the husband of the Republic of Korea is the husband of the Republic of Korea.” The Defendant was aware of the Defendant’s sexual intercourse with the reporter and the media. It means that the reporter and the P Foundation shall be donated KRW 30 million.” On the following day, the Victim and the victim during telephone conversations could not open the film.

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