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(영문) 서울서부지방법원 2013.05.15 2012고단2698
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

On June 7, 2012, the Defendant posted a photograph of the victim C along with a female under the victim C’s name at a place where the location is unknown, and then posted a message of the fact that “In Incheon Yeonsu-dong case, with the location of the case, and the difficulty of driving, the Defendant’s reputation was damaged by revealing openly facts and false facts through an information and communications network for the purpose of slandering people by the same method over 46 times in total, as indicated in the separate crime list between around that time and November 9, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of each investigation report;

1. Articles 70 (2) and 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (the fact that a person defames his/her reputation by divulging any false fact) concerning criminal facts (the fact that the person defames his/her reputation by revealing any fact and the choice of fines);

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

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

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