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(영문) 전주지방법원 2015.09.16 2015고정650
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person shall defame another person by divulging facts openly through an information and communications network with intent to defame the person.

The defendant, who is in the process of a civil trial with the victim F, stated the fact that the victim F was subject to criminal punishment for ten years prior to the publication of the progress of the trial in his/her own tables, with his/her intention to impair the honor of the above victim.

On October 31, 2014, the Defendant, at the Defendant’s house located in Yansan-gu G and 7 Dong 103, on October 31, 2014, referred to as “I by accessing the Defendant’s Nersbrog (H) by computers from the Defendant’s house located in Yan-gu G and 7 Dong 103, i.e., “I”. Defendant 1: F (Fire Officers, Jun. 13, 2014) Defendant 2: the chief of the fire station, the chief of the fire station, the 1700, the 32 reading (256):50, May 14:50, 17:00, Nov. 14, 2014; and the 10 years ago, the Defendant asked the Defendant to prevent the recurrence of a fine by revealing that the Defendant was not related to the victim’s reputation until the date of the notice.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. A complaint;

1. Determination as to the defendant's assertion of each investigation report and accompanying documents

1. There was no purpose of slandering the defendant of the gist of the claim.

2. “Purpose of slandering a person” under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. is required to express an intent or purpose, and whether a person is intended to defame a person is damaged or damaged by the expression, taking into account all the circumstances, such as the content and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was published, and the method of expression.

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