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(영문) 서울중앙지방법원 2015.12.03 2015고정1625
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant served as the “D” from the Internet Internet site “C”. After having become aware of the victim E through the C adult website, the Defendant was aware of the victim E directly.

From January 22, 2014 to February 20, 2014, the Defendant had access to the Kakao Akao Stockholm app using a mobile phone in the Defendant’s residence located in Gangnam-gu Seoul, Seoul, 102 Dong 403, and then had written the Defendant’s writing “a photographed”, “a photograph stolen”, “a photographd”, “a photographed”, and “a written text that K had worked in the past curriculum” by referring to the victim on a group or room where G, H, I, and J participated together.

However, there is no fact that the victim has stolen the photograph, and there is no fact that he has been sentenced to a sexual punishment, and he has worked in the drinking house.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (reficiologic proof that no photographic fact exists), investigation report (reficiologic proof that he/she did not perform a sex operation);

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime and Article 70 of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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