logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2017.10.31 2017고정143
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the chairperson of the “D Co., Ltd. trade union” in D Co., Ltd., a collaborative company in C, and the victim E is the chairperson of the “C Co., Ltd. trade union” in D Co., Ltd.

On February 13, 2017, the Defendant sent the text message to approximately 100 members of the D Co., Ltd.’s labor union, which he/she belongs, referred to the victim at a non-permanent place, and slandered the victim as the one inappropriate in performing the position of the chairman of the labor union because the victimized person was in an inappropriate relationship with the above executives of the company.

Accordingly, the defendant has damaged the reputation of the victim by openly duplicating facts through information and communication networks with a view to slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. The accusation book or the text message sent by the person to whom he/she was accused;

1. Application of Acts and subordinate statutes to a criminal investigation report (Presentation of Materials by an complainant);

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting a crime and Article 70 of the same Act and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The purpose of slandering the assertion was for the public interest.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is reasonable to view that the Defendant sent text messages to slander the victim.

① As part of the performance compensation system for cooperative companies, C shall prepare overseas training programs for cooperative companies. 29 employees who belong to 15 cooperative companies, including D Co., Ltd., F Co., Ltd., and G Co., Ltd., are selected as persons eligible for the above overseas training.

arrow