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(영문) 부산지방법원 동부지원 2013.11.06 2013고정1320
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

1. The defendant shall be punished by a fine of 500,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

The Defendant is operating the “Chynam-gu Building A, Busan, and the victim D is a person who worked from March 2, 2013 to April 30, 2013 as an instructor at the pertinent private teaching institute.

1. On May 10, 2013, the Defendant issued a letter of apology to the effect that “the victim neglected to perform his duties, such as repeated dismissal,” and “the victim was dismissed from the said public official’s private teaching institute using the name of Eate professor, even though he worked as an instructor at the public official’s private teaching institute near Eate, and that the above D was the head of F high school team and was the vice president for one year, but was not true.” The Defendant distributed it to 20 students of the said private teaching institute, including G and H.

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

2. On May 11, 2013, the Defendant, in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) prepared a complaint stating that “In order to inform the victims as instructors of a private teaching institute having no real ability, the Defendant: (a) caused the victims to inflict damages of KRW 2 million per month on the private teaching institute due to the victim’s seven students being deprived of his management; (b) neglected his/her duties; (c) interfered with the operation of the private teaching institute; (d) brought about the list of students and parents on the Defendant’s ownership; and (d) committed indecent acts by force against the students by taking the Defendant’s cell phone camera, sent the complaint to three students of the private teaching institute, such as I, J, and K, by using the Defendant’s cell phone cameraing function.”

Accordingly, the defendant has damaged the reputation of the victim by divulging public facts through information and communication network with a view to slandering the victim.

Summary of Evidence

1. Examination protocol of the accused;

1. Application of Acts and subordinate statutes on the statement of D;

1. Article 307(1) of the Criminal Act of the relevant criminal facts, promotion of information and communications networks and protection of information, etc.;

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