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(영문) 제주지방법원 2015.5.15.선고 2015고정212 판결
정보통신망이용촉진및정보보호등에관한법률위반(명·예훼손)
Cases

Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Nameed)

Examples and Damage)

Defendant

○○ Kim (1971 Life) (197), Non-permanent

Prosecutor

Red tin (prosecutions) and papering type (trials)

Defense Counsel

Attorney Kim Jong-hee (Korean National Assembly Line)

Imposition of Judgment

May 15, 2015

Text

Defendant shall be punished by a fine of 500,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Facts of crime

On July 3, 2013, the Defendant: (a) went beyond the stairs of the ○○ Hospital New Hospital on A medical corporation; (b) was transferred to the nurse, Kim Jong-si and an emergency room; (c) was given medical treatment by a doctor Kim ○○; (d) was recommended to be hospitalized due to unstable conditions, but was able to refuse to be hospitalized in the extreme area; and (e) prepared a written discharge; and (b) was returned to the Republic of Korea; and (c) the doctor and employees of the above ○ Hospital did not neglect the Defendant, who was out of the stairs.

1. No person shall defame any third person by openly pointing out false facts through an information and communications network, with intent to defame any third person;

On May 25, 2014: around 05, the Defendant: (a) using the title “○○○○○○○○” on the Internet website’s bulletin board, the title “the head of the ○○○○ Hospital,” instead of leaving patients in his/her place on the Internet website, thereby leading him/her to a death after disability.” (b) The head of the ○○○ Hospital neglected his/her day, thereby making it frequently used on the road, and calls for a debate with the head of the ○○ Hospital. (c) Nor was the Defendant’s medical corporation, by openly pointing out false facts, thereby impairing the honor of the A○ Hospital.

2. No person shall defame any third person by openly pointing out false facts through an information and communications network, with intent to defame any third person;

On September 16, 2014: Around 11, the Defendant wanted to die by using ○○○○○○○○○’s Information Center’s title “I wish to die” at the public counseling room for the prevention of suicide on the homepage of his life,” and left his head on the ground floor, and left the room. On September 16, 201, the Defendant left the room by openly pointing out the fact that ○○○○ Hospital’s management neglect was turned down on the ground floor, and the head was broken down. On the other hand, the Defendant left the room at the ○○○ Hospital, while leaving the room at the time of ○○○○ Hospital’s head and leaving the room at the left bottom, and did not do so in an emergency room by putting his mindless treatment. In this paper, the Defendant openly damaged the victim’s reputation by openly pointing out the above fact.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to ○○○ by the police;

1. Complaint;

1. Data for the closure of a course;

1. The discharge of records of the first step, records of the first step, and documents on the discharge of persons;

1. Investigation report (to make a telephone conversation to ○○);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Selection of fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Cho Hyun-hee

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