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(영문) 대구지방법원 상주지원 2013.03.12 2012고정175
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall divulge any false information openly through an information and communications network with intent to defame another person, thereby impairing the reputation of another person.

At around November 26, 2011, the Defendant, “The Guro-gu Seoul Metropolitan Government CPC World,” as the title “D construction site” after having access to the “free bulletin board of the viewing website” at the Internet, which is called “(I am d. I am hyp, I am hyp, I am back to the D construction site. I am hyp, I am hyp, without being informed of how D return to the D. I am hyp.). (I am under this person. Five I am hyp, I am hyp.) if you do work, I am hyp if you want to pay safety equipment, and the payment was made at the construction site at that construction site, and if I am hyp, I am dyp, if you do not know the situation that I want to know about the risks of accidents and to know about the employment amount, I am you do not have any other work.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Each investigation report (4,51 pages of investigation records);

1. “Purpose of slandering a person” as referred to in Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means requiring the intent or purpose of deception. The issue of whether a person is intended to defame a person is based on the expression itself, such as the content and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was publicly announced, and the method of expression.

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