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(영문) 부산지방법원 2018.04.26 2017고단5964
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 14, 2014, the Defendant is the creditor of the victim as between the victim B and the victim upon entering into a contract for the lease and use of the C Sports Center.

The Defendant, at around 18:49 on August 5, 2017, sent a photograph of the victim on June 16, 2017, on the ground that the victim’s access to the Facebook E with his/her cell phone D number and did not have contact with the victim without having repaid KRW 32,50,000,000, such as the down payment, etc., and that he/she does not have contact with the victim, he/she immediately drank the victim’s photograph on the bulletin of the Facebook on June 16, 2017.

100.00.000.000

If the amount is not a KRW 00,000 unit, but the amount has been reduced to that degree, it must be noted that at least

Telecommunications is also known to the public and is not Lather.

32,50,000 won continuing to spread this article “Is the 1st century”, posted comments on the comments.

In such a way, the Defendant: (a) from August 4, 2017 to August 18:49, 2017, up to nine times, damaged the reputation of the victim by disclosing public facts via an information and communications network with an intention to defame the victim through nine times in total, as indicated in the list of crimes committed in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes (B);

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., of Criminal Facts under the relevant provisions of the Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the accused confessions a crime and acknowledges his mistake; (b) there is no record of punishment except punishment as a fine for a crime of violating the Traffic Act on the Road in 2006; and (c) other factors leading to the instant crime shall be considered in light of the following:

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