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(영문) 서울중앙지방법원 2020.08.05 2020고정1143
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the clinic of “C” in the Internet Personal Broadcastinger B, and the victim D is the clinic of “E”, and the Internet broadcast related to the game “F” is run by the Internet Broadcastinger B.

피고인은 2019. 3. 11. 22:10경 B 사이트에 접속하여 방송을 진행하면서 피해자를 지칭하며 “그 시청자한테 받은 거 없이 무자본인 척 500억(게임머니 1억은 현금 4,000원, 총 200만원) 먹고 꿀꺽하고 그 분 차단 박았다던 대단하신 E님, 아니 뒷감당 가능한가 뒷감당 안될걸요. 그냥 감당 이제 생각 안하는거 같애 자긴 이제 글러먹었으니까”라고 발언하였다.

However, there was no fact that the victim prevented the viewers who provided game money to himself.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written complaint - Notices posted on Facebook, records of B broadcasting, etc.;

1. An investigation report (related to visiting an office of a suspect A and affixing a seal on the report);

1. Investigative report (the submission of evidence by the accused and the complainants), - Evidential materials submitted by the suspect, and video files for suspect B broadcasting;

1. Investigation report (to attach photographs and comments posted by a suspect to the Facebook);

1. Investigation report (public inspection of suspect's insulting case transfer documents); public inspection documents;

1. Investigation Report (the submission of the currency with the suspect, the suspect and the Kakao Stockholm dialogue between the suspect and the G) - The Kakao Stockholm dialogue between the suspect and the G;

1. Investigation Report (E’E Search Results on the website) - Application of B E Search Results Act and subordinate statutes

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. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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