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(영문) 의정부지방법원 2017.10.26 2017고정1466
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On February 16, 2017, around 23:13, 2017, the defendant's husband and the victim B met with the defendant's husband and the victim B, and the victim B wishes to do so in the Kakaoland of the victim B.

나이 마흔 넘게 쳐드시고 자궁 기형 이래요~~~~ 저 분 신상 궁 금하신 분저한테 귓 말 주세요~ “라고 댓 글을 게시하고, 2017. 2. 17. 01:36 경 피해자의 카카오 스토리에 “ 노래방도 우미 ~~B ~~C~~ 돈 안 줘도 그냥 주는 걸레에요~~ ”라고 댓 글을 게시하였다.

However, the facts were not the victim's own will, but the victim was not the victim's own will, and it was not the victim's own will.

Accordingly, the defendant has damaged the reputation of the victim by openly exposing a false information and communication network through the purpose of slandering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Kakao scaro scaro photographic Acts and subordinate statutes

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and the Punishment Therefor;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the criminal liability is not minor in light of the nature of the comments posted by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered is determined by considering the following factors: (a) the Defendant is against the time of committing the instant crime; (b) the Defendant is the primary offender; and (c) the details of the instant crime and the circumstances before and after the instant crime; (d) the Defendant’s age, sexual behavior, environment, etc.

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