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(영문) 서울서부지방법원 2015.04.22 2014고정2323
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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

The defendant is a person who has subscribed to "C" on the following website, and joins as "D" on the above website.

On June 15, 2014, at around 14:15, the Defendant posted a notice stating facts or false facts as shown in the separate sheet of crime, and damaged the reputation of the victim, for the purpose of slandering the victim by posting a notice written by the victim G in the above car page at the Defendant’s residence located in Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A report on internal investigation (a person for reference L, M (N:N) and telephone communications);

1. After closure data and a master's degree certificate (According to each evidence on the market, the criminal facts indicated in No. 2 of the annexed list of crimes are recognized to be false, and the defendant prepared a notice as stated in its reasoning only on the basis of the suspicion from some members in judging whether the defendant is false, and the defendant did not present objective and detailed materials to believe that such contents are true. Thus, the application of the law to the defendant's belief that false facts are true does not have considerable reason for believing that the defendant is true).

1. Article 70 (1) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 12681, May 28, 2014; hereinafter the same shall apply) on criminal facts (the point of defamation caused by actual negligence) and Article 70 (2) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of defamation caused by false or actual negligence).

1. As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) due to false accusation, and the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation

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