logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.01.11 2017고정759
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

Punishment of the crime

1. Summary of the facts charged in this case

A. Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) is the representative of “C” in which the Defendant sent a second and second consignment, and the victim D is a consignee of “E”.

On January 23, 2015, the Defendant made the call center staff, who is unable to know the name by telephone, to the “G” situation room where the Defendant is engaged in the operation of tea management within the F Trading Complex at the Government-si, and made the call center staff, which is a dispatch program, to request the victim to limit the allocation of the vehicle to the “Ampppppphere”, the dispatch program, the Defendant stated that the Defendant should not handle the vehicle after the occurrence of the accident (the repair cost of one million won), and that he does not have any responsibility.

However, on January 19, 2015, the victim made efforts to deal with the accident, such as settling the amount of KRW 400,000,000 in case of the accident that is faced with another vehicle while entrusting the vehicle with the vehicle by receiving the dispatch of the vehicle from the “C” around the time.

Nevertheless, for the purpose of slandering complainants, the Defendant posted a false statement, such as making the above phrase written in the “Amp” program from around the above day to March 17:51, 2016, so that employees of the Amppppppphering center, who are engaged in the nationwide consignment business, thereby impairing the reputation of the victim through an information and communications network.

B. The Defendant interfered with the duties of the Defendant, as described in the above A. B., spread false facts, such as prohibiting the victim from holding out orders on board the ship, thereby interfering with the Defendant’s consignment.

2. In order to establish a crime of defamation by expressing false facts through an information and communications network, the time of the entry must be not only a false fact, but also the defendant must be aware that it is a false fact in disclosing such facts, and that it is about the criminal intent, namely, awareness of such false facts.

arrow