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(영문) 대구지방법원 포항지원 2013.04.11 2012고단1369
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has a belief that C/D’s election as the presidential candidate of Pyeongtaek B party should not be the President of the Republic of Korea. In the idea that C/D’s notification of the substance of C/D should be made by citing another person’s writing on the Internet basis of personal data collected from the Internet in order to prevent the presidential candidate from becoming the President of the Republic of Korea, the Defendant also received a request for deletion of notice from C and victim D or filed a complaint by simultaneously raising various suspicions related to C/D on the Internet posting site used by many people, such as Internet portal site, the next bulletin board of the Joseon Dynasty or the Chosun P/L bulletin board, etc.

C and other public prosecution related to the relationship between C and D, around 01:10 on September 6, 201, and around 01:10, E murdered He, a private village student, in the front of the F G located in Gangnam-gu Seoul Metropolitan Government, and committed suicide. However, the reason why E murdered was due to the personal injury, such as an insulting injury, even though H, a normal village student, suffered a large amount of monetary damage to E, and there was no fact that E was able to kill H from D, or to murder by employing D, and as if he committed suicide.

Nevertheless, the Defendant: (a) instigated the victim D to kill the Defendant as a witness of “the instant case where I, the Defendant, i.e., violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc. (Defamation), etc. of Seoul Central District Court 2010Da1111, 201Kadan508, etc. (hereinafter “Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc.”) to commit a false fact; or (b) stated that the instant murder case was prepared thoroughly in advance on the part of D and made a false fact as if

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