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Reasons
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(영문) 서울중앙지방법원 2016.09.12 2016고정683
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant posted a notice of the Defendant’s Kakao Kakao Account, where approximately 40 persons were registered as relatives, on the content of the Defendant’s sex-related Kakao Stockholm message given to the husband of the victim B and the Defendant as shown in the attached Form.

Accordingly, the Defendant, with a view to harming the victim, destroyed the reputation of the victim by openly putting public facts through the information and communications network, thereby impairing the reputation of the victim.

However, in light of the following facts acknowledged by the aforementioned evidence, Defendant written comments on October 15, 2014 and December 10, 2014 on the victim Kakao Island, Defendant’s husband’s relation to the victim at the time of the publication of this case, Defendant’s husband’s relation to the victim was written at the Gao club, Defendant’s notice was posted as the victim’s clinic, Defendant’s members of the Kakaodong club were also registered as the friendship of the Defendant’s Kakao Island, it is reasonable to view that the victim was specified in the notice of this case. The summary of the evidence is also recognized.

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint (B);

1. Statement made by the police against B;

1. Statement made by the police with regard to B (D);

1. Written statements (D), recording records (D);

1. Kakao Stockholm (the contents of each Kakao Kakao Switzerland posted);

1. Investigation report (in case of notice, the date of recognition and telephone statement made by the complainant);

1. Submission of data on complainants (Additional Explanations and sent by facsimile of E);

1. Investigative report (the complainant and the hearing report of oral statements);

1. Application of Acts and subordinate statutes to investigative reports (whether to specifically examine the victim related to the Stockholm message crime);

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

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day calculation amount: one hundred thousand won);

1. Article 59(1) of the Criminal Act of the suspended sentence (this.)

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