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(영문) 인천지방법원 2018.01.12 2017고정2705
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a regular member who has joined the Kafe, "D, E," "F" on the date of 2014.

The defendant from April 20, 2016

4. Until 23.2, the victim I raised a complaint against the treatment of the defendant by the victim I via three times from H children in Yeonsu-gu Incheon Metropolitan City G 302, G 302;

1. From April 23, 2016 on April 23, 2016, from around 10:50 to around 10:50 of the crime committed on April 23, 2016, a notice posted on the Internet Mamotom bulletin board, such as “E- Hospital bulletin board”, “D-to-be and bulletin board”, “F-J bulletin board”, etc., in the Defendant’s domicile of Yeonsu-gu Incheon, and a notice posted on the Internet Mamotom bulletin board, thereby impairing the victim’s reputation.

2. From October 5, 2016 to November 3, 2016, the crime was committed from October 5, 2016 to November 3, 2016, from around 12:39, to “E-K bulletin board at the Defendant’s domicile,” the Defendant prepared a letter of posting the office and writing of comments performed as in the attached list of crimes (2) and damaged the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. Complaint;

1. In light of the fact that the contents of each written statement of the hospital employees are considerably different from the content of the investigation report (written opinion and diagnosis of the complainant's representative) [the whole written statement of each written statement posted by the defendant on April 23, 2016 [the whole written statement can be considered to determine whether there is a purpose of defamation although only part of the written statement is written in crime list (1)] and the time when the written statement of the posted statement of crime list (2) was written and the contents of the written statement, the above written statement was intended to criticize the victim by taking into account the appearance, attitude, etc. of the victim rather than the purpose of providing information.

In full view of the following facts: (a) the application of the statute to the Defendant of each of the instant crimes (it is recognized that there was a purpose to defame the victim at the time of each of the instant crimes, taking into account the fact that the Defendant’s expression, such as head spawn, waterground, etc., is unrelated to

1. Facilitation and promotion of the use of each information and communications network of the relevant laws and punishment for criminal facts;

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