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(영문) 울산지방법원 2015.10.06 2015고정1139
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall defame another person by openly pointing out any fact or false fact with intent to defame another person through an information and communications network.

Defendant

A around 13:40 on May 12, 2014, at around 13:40, Ulsan-gu B, and one’s own residence, the victim H, a missing person’s family member of the missing person, was misled as a “inciting the missing person’s family” in a false manner to instigates the missing person’s family member on the Internet market, and thus, in order to defame him/her, he/she was aware of the fact that he/she was mistaken as a “inciting the missing person’s family member,” the information and communications network I, which was mistaken as a substitute for his/her twitter I, was punished by a canlelight dlelight slelelight slelelight, which was seated on the part of his/her JW, representing his/her upper North Korea, and that he/she would first be against his/her her rush behavior that was replaced by his/her own inciting.

However, the victim H did not participate in candlelight demonstration.

As such, Defendant A undermined the reputation of the victim H by pointing out false information on the use of information and communications network.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The president of the H’s complaint;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes concerning photographs and materials posted in writing to the victim A of the suspect;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

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

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

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