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(영문) 대전지방법원 2015.08.13 2015고정781
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On January 19, 2015, the Defendant, for the purpose of slandering the Victim C in the Defendant’s Facebook, posted a statement to the Defendant’s Face that read, “The Victim Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine and Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine,” thereby impairing the honor of the Victim.

2. 피고인은 2014. 11. 22. 18:47 D의 페이스북에, D이 피해자 C에 대해 쓴 글에 "몸뚱이 밖에 없는 골빈뇬의 모델"이라고 댓글을 달아 고소인을 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on materials appended to written complaint;

1. Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense, Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Punishment, Selection of Fines), and Article 311 of the Criminal Act;

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

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

1. As to the facts constituting the crime of determining the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that taking the victim’s writing into consideration is not “a statement of fact” but “a statement of fact”. However, it constitutes a statement of fact that: (a) the Defendant took the victim’s writing by cutting down the victim’s writing and cutting down the victim’s writing, and then, “a club of the main hall and a club of the main hall and a dance even to the drug” constitutes a statement of fact.

Criminal facts

As to Paragraph 2, the defendant and his defense counsel argued that the defendant's writing to express the negative opinions on women's general public is not a crime since they did not specify the victim and insult the victim. However, the defendant's writing contains a specific photograph and name of the victim in D, and the whole contents of this article are against the victim.

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