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(영문) 광주지방법원 2016.02.17 2015고단1058
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On January 5, 2015, the Defendant had access to C, which is an Internet hosting site, to “D” in the Dondo B Housing 302 around 23:23 on January 5, 2015.

Defendant 1 in this site’s “Audio” column, “B”, and “B”.

along with the title of "", a victim E posted a photograph representing the victim's photograph, class, telephone number, e-mail address, research room, subjects in charge, etc. in the university homepage where the victim E is in office.

As such, the Defendant had a large number of unspecified persons recognize that “the victim voluntarily posted a letter of obscene content, or the victim was a woman sexually disturbed.”

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. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against the victim;

1. Application of the statutes governing defamation posts;

1. The degree of defamation of a victim on the grounds of sentencing under Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc. for Criminal Facts and Article 70(2) of the Act on Promotion of the Protection, etc. of Information and Communications Network Utilization and Information Protection, etc., the degree of defamation of the victim, which did not receive the victim's apology

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