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(영문) 대구지방법원 경주지원 2013.12.24 2013고정273
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of the party B, and the victim C is a vice-chairperson of the appointment of the party B.

In relation to the 18th presidential election, the Defendant reported that the victim would hold a banner "I am the winning of the D President" in the name of Vice-Chairperson C of the Gyeongbuk-do Party B, and was dissatisfied with the victim.

Around 11:00 on December 22, 2012, the Defendant publicly announced that he had access to the Defendant’s residence located in the Defendant’s Republic of Korea, and that he would not be engaged in lifelong work in a political party that combines the images of the Defendant’s Republic of Korea, and that he would not be engaged in a lifelong work in his name, along with the banner photograph.

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. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on published materials in the Facebook, and statutes on published additional materials;

1. Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

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

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

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