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(영문) 부산지방법원 동부지원 2017.03.24 2017고정203
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

On October 14, 2016, the Defendant had access to Twitter using Ad'B, a SNS service provider, using his/her cell phone at a place where it is unknown, and referred to “A victim D, who is the C representative, was in progress of filing a complaint on suspicion of indecent conduct against C’s representative sexual intercourse” and “B was the employee of C’s, who was sexual indecent conduct against D, the representative of D, was subject to the sexual indecent conduct, and he/she was retired from the company, and is currently in progress of the complaint.

”, “D 꼭 좆됐으면 좋겠네요

“.......”

In order to defame the victim, the Defendant, through an information and communications network, destroyed the reputation of the complainant by openly duplicating any fact.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (with regard to confirmation of an accusation);

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting a crime and Article 70 of the relevant Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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