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(영문) 광주지방법원 2016.10.07 2016고정995
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is the head of the E Housing Redevelopment Project Partnership in Dong-gu, Gwangju (hereinafter “E Housing Redevelopment Project Association”) and the victim F is the head of the said ETransparency Development Committee (hereinafter “the Committee”).

No person shall defame another person by openly pointing false facts through an information and communications network with intent to defame another person.

Nevertheless, on January 22, 2016, the Defendant, in collusion with G, sent to the members of the instant association a letter letter of false facts that “The instant committee will receive 200 million won funds from the rearrangement business entity of the redevelopment area and spread will to dismiss the president of the association,” at the E-Housing redevelopment project office located in Gwangju-gu, Gwangju-gu.

Accordingly, the defendant has damaged the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of the police interrogation protocol of the accused;

1. The police's statement and the statement (two times) concerning the F, and the police's statement concerning G;

1. Investigative reports (receiving written confirmations, etc.), H, I, J, K, L, and M respectively, and F's scheduled withdrawal of complaint;

1. Contents of each letter;

1. Determination on the assertion of the defendant and his defense counsel in a written resolution withdrawal, all written resolution and withdrawal of the general meeting for removal from partnership;

1. The defendant's assertion of the defendant and his defense counsel sent to the members of the association of this case letters of the same contents as the facts stated in G.

However, the contents of the above text messages are consistent with objective facts, and there was no objective or false awareness about the defendant, and rather, sent the above text messages for the public interest of the members of the association of this case.

2. Determination

(a) Facilitation of use of information and communications networks and protection of information;

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