(영문) 울산지방법원 2017.12.07 2017고정568

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(영문) 울산지방법원 2017.12.07 2017고정568

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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The sentence of sentence against the defendant shall be suspended.

The prosecution against insult of each of the facts charged in the instant case is dismissed.

Reasons

Punishment of the crime

On September 3, 2014, at around 17:24, the Defendant: (a) posted a notice to “D” as “F”, stating that “F” was sent to the Kakao scaro scaro scaro scaro scaro scaro scaro scarma on the same day; and (b) posted a notice to “F” after having access to the Kakao scaro scaro scaro scaro scaro scaro scaro scaro scaro scaro scaro scaro scaro scarfs, scarfs, scarfs, scarfs, scarfs, scarfs, scarfs, scarfs, scarfs, and scarfs, scarfs, and scarfs, scarfs.

The Defendant damaged the reputation of the victim by openly expressing facts with a view to slandering the Internet space that anyone can see as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. No. 8 No. 1-Kasfafafafags (A) of the Act and subordinate statutes

1. Article 70(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 12681, May 28, 2014); the selection of fines for criminal facts;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence [the suspension of sentence shall be deferred by taking into account the fact that the defendant is the primary offender, the circumstances leading to the crime of this case, and the various circumstances constituting the conditions for sentencing as shown in the argument of this case] [the defendant and his defense counsel did not have an intention of slandering the defendant]

However, “the purpose of slandering a person” as prescribed by Article 70(1) of the former Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (amended by Act No. 12681, May 28, 2014) requires the intention or purpose of deception. As such, whether a person is purpose of slandering a person is expressed, such as the content and nature of the relevant timely fact, the scope of the other party whose fact was published, and the method of expression.

참조조문

-형법 제59조 제1항

-형법 제69조 제2항

-형법 제70조 제1항

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