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(영문) 대구지방법원 의성지원 2015.01.29 2014고단303
사자명예훼손
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was a person who manages the Internet “C” carpet (C), and the victim D died on August 18, 2009 as a former President.

On August 26, 2013, the Defendant sent e-mail from the non-member of the said Kafbook to the Defendant: (a) on August 26, 2013, posted a false letter stating that “The victim received KRW 120 billion from E; (b) the amount of funds managed under the name of relatives reaches KRW 800 billion; and (c) the property actually owned is more than KRW 1 trillion even if it is known; (d) the amount deposited into the secret section in the foreign banks including Switzerland and Singapore reaches USD 1 billion; and (e) made it possible for many and unspecified Kafs to read it.”

However, there is no fact that the victim received KRW 120 billion from E, or managed the funds of KRW 800 billion in the name of relatives under the name of relatives, or that the assets actually owned exceed KRW 1,00,000, or paid USD 1,000 in the confidential zone of a foreign bank.

Accordingly, the defendant has damaged the reputation of the victim who was the deceased by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the complaint, and the following bulletin board posts;

1. Relevant Article 308 (Selection of Punishment of Fines)

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed by posting a notice that may infringe on the social value or evaluation of the victim, who is a former president, on the Internet car page operated by the defendant. The crime of this case is a bad character in light of the content of the notice, the period of posting, the number of members of the car page (12,000).

In addition, even though the bereaved family members of the victim seem to have suffered a considerable mental suffering due to the crime of this case, there are particular measures to honor them.

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