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(영문) 수원지방법원 2019.02.13 2018고정1394
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On August 8, 2017, the Defendant connected D Cosmetics C, using a computer, and posted a notice of the result of the disposition of the complaint or accusation of the case that the Defendant accused F was accused due to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), etc., on the bulletin, and posted a notice of the result of the disposition on the complaint or accusation of the case that the Defendant accused F. F. F. referring to F, the Defendant’s “I am hyp” by approaching a pastor, teacher, or a person who thought that he thought to be aware of the image.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and his defense counsel did not publish a letter to the defendant's customers and customers to prevent defamation against the victim and did not intend to defame the victim.

Before posting the instant text, the Defendant first posted an article to the effect that the Defendant was replaced by the Defendant on the bulletin board of several Internet sites, and the Defendant was contacted by the Defendant demanding the Defendant from the person who was the will of the customer to explain the writing.

However, the following circumstances revealed by the evidence duly adopted and investigated by the court, namely, at the time of the instant case, the Defendant filed a complaint on the victim’s above behavior due to defamation and was suspended on the ground of submission of criminal conciliation proceedings.

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