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(영문) 의정부지방법원 2016.03.31 2015고정2719
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 23, 2015, the Defendant of defamation posted a notice stating that “If the opportune E takes a bribe in the course of the redevelopment of the zone D zone conducted by the victim C, or was given a bribe to the prosecutor and received a non-suspected disposition, the victim would be the victim of the bribe, and the design company will be restored to another victim of the bribe, and the latter will return the case for which the F prosecutor has charged the victim with the case for which the victim was indicted, and the person who was arrested for the suspicion of the bribe should disclose to the public at all times.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. On July 5, 2015, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) at the residence of the Government-si G on July 5, 2015, and the fact that the Defendant did not offer a bribe in the course of promoting the redevelopment of the D area, but criticizes the wrong general meeting of residents in the Internet evasion site N. H. car page “The redevelopment D area.”

The author posted a letter "(tentative)", and written and posted a letter "(tentative) receiving a bribe from C Design Company C," in this article.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Copy of the printed matter, and the output of Internet posts;

1. Application of Acts and subordinate statutes on non-prosecution decision;

1. Relevant legal provisions of the Criminal Act, Article 307(2) of the Criminal Act, Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (a point of defamation via information and communications network), and the choice of fines for negligence regarding criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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