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(영문) 수원지방법원 2017.05.24 2017고정538
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) on June 17, 2016, in the Kakao Stockholm Group in which C, D, E, etc. participated; (b) on the Kakao Stockholm Group, the Defendant: “Creked the Kao Gao Gao Gao Gao Park

“Irweg to this house” and “Frweg to this house.”

웩 헛구역질을 하였고 이를 본 C이 ” 야 이 씨발 년 아 나는 밖에다 쌌는데 어떤 놈이랑 했길래 입덧을 하냐

F A. F. A.L. A. S.T.T.

The video recorded with the contents of "the video recorded" was posted.

However, in fact F has not been pregnant.

Accordingly, with the aim of slandering the Defendant, the Defendant posted a false fact openly through the information and communication network, thereby impairing the reputation of the victim F.

2. On June 18, 2016, the Defendant, as seen in the foregoing paragraph 1, sent a photo to a group Kakao Stockholm and posted the video screen by cutting off the pictures of group Kakao Stockholm, as in the foregoing paragraph 1.

Accordingly, with the aim of slandering the Defendant, the Defendant posted a false fact openly through the information and communication network, thereby impairing the reputation of the victim F.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes governing evidentiary materials;

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and the Punishment Therefor;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the content of defamation on the grounds of sentencing as prescribed by Article 334(1) of the Criminal Procedure Act, the nature of each of the crimes of this case and the circumstances of each of the crimes of this case shall not be mitigated.

However, in consideration of the fact that the defendant is the first offender, the victim was killed, and the victim expressed his/her will to be subject to death (not to be punished) and was sentenced to punishment as ordered.

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