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(영문) 대구지방법원 의성지원 2019.03.14 2018고단258
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

The Defendant worked as a golf game assistant in the “B” located at the port of port, and the victim C, who was a fluor, had the Defendant expressed his will to his superior intent, got the victim to have a defect in the report.

On July 22, 2018, the Defendant posted a list of 35 assistant workers working at the above golf course in the pertinent golf course with a view to slandering the victim, and then, posted a list of the conversation between the Defendant and the victim including the content that he/she had sexual intercourse with the victim in the above golf room (including “influencing only the case where he/she had sexual intercourse with the victim,” and there is no answer to her influencing in the womb, with a flucing door, and with a flucencing door, and with a flucencing data from the company up to the flucenc,” in which the Defendant had sexual intercourse with the victim in the above golf room.

Accordingly, the defendant, for the purpose of slandering, damaged the reputation of the victim by divulging facts openly through the information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the contents of dialogue;

1. Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and repent the defendant's mistake, and it appears that the defendant committed the crime of this case contingently, under favorable circumstances that have no same record, the victim wants to punish the defendant, and in particular, considering the fact that the victim wants to punish the defendant.

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