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(영문) 서울동부지방법원 2016.07.13 2015고단2757
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From the end of May 7, 2013, the Defendant was expelled from the above partnership on May 7, 2015, as a person who was the head of the victim CD association.

On April 10, 2015, around 07:23, the Defendant access from the Defendant’s house located in Songpa-gu Seoul Songpa-gu Seoul to F, which is an Internet text dispatch site via a computer, to “D members’ multiple thickness are known.”

(A) The representative director C, who holds 49% of the shares of D C (State) interest G (State), shall inform that the sentence is being in progress after being sentenced to two years and six months (15.1.21) and shall not be subject to any disadvantage in property by verifying the above matters, even with the thickness of the majority of the members of the D association.

The text message “ was made and sent to approximately 228 members of the union, including the victim.”

Accordingly, the defendant has damaged the reputation of the victim by openly duplicating facts through information and communication networks with a view to slandering the victim.

Summary of Evidence

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by C by the witness in the second public trial protocol;

1. Copy of a suspected text message;

1. A report on investigation (not related to a complainant);

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

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant's act of transmitting the text message of this case was solely a delivery of true facts for the public interest, and there was no purpose of slandering the victim.

The argument is asserted.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court, the Defendant’s text messages at the time of sending the instant text messages are indicated in the facts charged.

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