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(영문) 광주지방법원 목포지원 2016.08.26 2016고단72
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall conceal any false information openly through an information and communications network with intent to defame any other person, thereby impairing the reputation of any other person.

Nevertheless, on November 21, 2015, the Defendant, at the Defendant’s house located in Sinpo-si, at the Defendant’s house located in Sinpo-si, called “D”, connected to “E” to the mobile-type “E”, posted the Defendant’s motion picture on the local bulletin board of the above fish-style case, and notified the Defendant of the personal information and contact details of the victimized party to the number of unspecified persons who requested the conversation, and “I am the female who had been living in the past, I am the same as the female who was frequently sexual intercourse, I am the latter, and I am the latter contact only once.”

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to photograph the contents of hosting;

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense and Article 70 of the relevant Act and the punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act was that the defendant committed the instant crime against the victim who was aware of his/her work at the same workplace in order to resolve his/her stress. Accordingly, the victim was suffering from the mental impulse that he/she is unable to cope with as an unmarried female.

Nevertheless, the Defendant did not receive a letter from the injured party until now.

This is disadvantageous to the defendant.

On the other hand, the defendant reflects his mistake, has no record of criminal punishment, and is currently preparing employment related to the teaching profession.

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