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(영문) 부산지방법원 2013.11.07 2013고정3868
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, a person who runs a construction business in Daejeon-gu, Daejeon-gu, with the trade name "C", is a person who has a dispute over the problem of the victim D who worked at the Defendant's workplace for about seven months around 2010 and the arrears of wages.

On December 8, 2012, at around 22:16, the Defendant visited the Internet portal site, “E,” and posted a photograph of the content of the notice of the disposition of the complaint or accusation case at the Daejeon District Prosecutors’ Office (the Defendant: D and the date of disposition: the Defendant: the date of disposition: the name of the crime on October 24, 2012: the violation of the Act on Promotion of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) and the fine of one million won).

Accordingly, the Defendant, for the purpose of slandering people, revealed facts openly through information and communication network, thereby impairing the honor of others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (receiving additional data by a complainant);

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Article 70 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. for Criminal Facts and Selection of a fine;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act ( considered as the beginning of a crime, motive of an act, etc.);

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