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(영문) 울산지방법원 2014.07.17 2013고단3630
모욕등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2013 Highest 3630" Defendant uses Twitter D.

On December 29, 2012, at around 09:29, U.S. E apartment 101 and 705, U.S., Nam-gu, Ulsan-gu, U.S., by using computers to the Twitter account of the victim G, the F market, and insulting the victim in total over 12 times as stated in the list of crimes until Jan. 25, 2013, by inserting an article stating that “Gner hivers are hivers, hivers, hivers, hivers, and hivers, hivers, hivers, and live in the art hivers, and a spouse Twitter.” On the same day, at around 09:33, 09:0 on the same day, the victim insultings the victim as indicated in the list of crimes until 17:58, 2013.

The defendant of "2013 Man-Ma3631" was not aware of the victim C, and the victim C, as the reporter of the Internet media company, was dissatisfied with the article, etc. prepared on the Internet homepage.

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) shall defame another person by openly pointing out false facts with intent to defame the person using information and communications networks

A. On December 9, 2012, the Defendant posted a notice on the Defendant’s Twitter account (D), an information and communications network, stating that “J Camp C is accused of the violation of the Election Act, and the Defendant’s Twitter account (D).”

However, at the time of the 18th presidential election, the victim did not have been active in the election campaign headquarters of the J candidate.

Nevertheless, for the purpose of slandering the defendant, the victim of the information and communications network has damaged the reputation of the complainant by pointing out false facts as if he should file a complaint due to the above election campaign headquarters's activities.

B. On December 11, 2012, the Defendant, at around 02:22, indicated in the Twitter account, which is an information and communications network, stated “The Democratic Party’s National Assembly member in writing and in a negative and false manner.”

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