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(영문) 춘천지방법원 원주지원 2013.04.24 2012고정425
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 17, 2010, at around 01:35, the Defendant openly insulting the victim G, as described in [Attachment Table 1, 3, 5, or 12] Nos. 1, 2011 to May 21, 201, by posting comments stating that “F ultimately ought to be seen.” On the bulletin board, the Defendant connected the Internet site to Kaf D, and posted the comments stating that “F will not be easy to counter. It is not easy to attend.” The Defendant openly insulting the victim G, as described in [Attachment Table 1, 3, 5, or 12].

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by witnesses G in the third protocol of trial;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

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;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On December 17, 2010 and December 28, 2010, the summary of this part of the facts charged, the Defendant, in access to the Internet site and the car page D to a DNA “E” at the Defendant’s residence located in the original city, and damaged the honor of the victim by openly exposing false facts via an information and communications network for the purpose of slandering the victim’s G, such as No. 2 and No. 4 of the list of crimes in attached Form 2 in the bulletin board.

2. Although the Defendant’s assertion of the defense counsel posted the article in [Attachment 2] Nos. 2 and 4 in [Attachment 2], it did not constitute a false fact and did not aim to slander G.

3. Determination

A. According to the evidence duly admitted and investigated, the following facts are acknowledged.

(1) Defendant and G were members of the Internet site “D” (hereinafter “instant Internet car page”) following the Internet site, and G operates “F” as an international marriage information company.

(2) On July 12, 2010, G preventss those who want to enter into an international marriage on the Internet car page of this case, and is subject to apology.

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