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(영문) 서울중앙지방법원 2017.05.10 2016고정4063
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

B The Seoul Metropolitan Government is a person who operates the two-story of “E” on the second floor of the D D building in Gangnam-gu, and the defendant A and the victim F are employees of the above Hando house.

1. Defendant B: (a) around April 27, 2016, at “I” operated by H in Jongno-gu Seoul Metropolitan Government 1 story; and (b) notwithstanding the fact that the injured party has stolen the original body of the Defendant, the injured party had constantly stolen the original body at his/her own business site, despite the fact that the injured party has stolen the original body of the Defendant.

“.....”

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

2. Defendant A: (a) around April 27, 2016, at the cell phone Kakao Stockholm dialogue window; and (b) notwithstanding the fact that the victim did not have stolen the original body of Defendant B, the victim did not have stolen the original body of Defendant B. However, it is necessary that the victim stolen the original body from the single body of the Plaintiff at the same time.

Sixthly, it is a three-dimensional that is confirmed by the punishment, and if the two is well more than 20 pages, it is necessary to go beyond 00 miles.

In Korea, the article, which reads "Seb......", was sent to J.

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. Part of the Defendants’ legal statements

1. Legal statement of the witness H;

1. Part of the suspect interrogation protocol against the Defendants

1. Statement made by the police with regard to F;

1. A H statement;

1. Application of the Kakao Stockholm dialogue legislation

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 70(2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Selection of Penalty)

B. Defendant B: Article 307(2) of the Criminal Act (Optional to the punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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