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(영문) 서울중앙지방법원 2018.01.10 2017고정3111
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant, around September 25, 2016, connected to the “C” account to “C” program, and did not actually lived with the victim D (n, 29 years of age), even though the Defendant did not have any record of living with the victim, the Defendant, “(n, 29 years of age), for a total of 100 days from the first day at which the two separate offices met.”

BJ's finite finites with a 3-month living together.

“The victim’s reputation was damaged by pointing out false facts for the purpose of slandering the victim on the information and communications network.”

2. On April 19, 2017, at around 22:00, the Defendant opened an individual broadcast under the title “G”, “G” and posted the victim’s back-proof photograph, and damaged the victim’s reputation by pointing out false information for the purpose of slandering the victim on the information and communications network as if the victim had lived with the victim, even though the victim did not actually live with the victim.

3. On April 20, 2017, the Defendant: (a) connected to the “Africa TV website” to the “E” (ID) and, in fact, damaged the victim’s reputation by pointing out false facts for the purpose of slandering the victim on the information and communications network, even though there was no enemy with sexual intercourse with the victim in the private broadcast as referred to in paragraph (2).

Summary of Evidence

1. Partial statement of the defendant;

1. The result of the defendant examination against the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Legal statement of the witness D;

1. Each investigation report [1. According to the evidence of the court below, the victim's statements from the investigative agency to this court related to the facts are reliable in a specific and consistent manner.

The fact that the defendant purchased articles by using the victim's check card on July 6, 2016 (in the face of 126 investigation records) and received hospital treatment on July 25, 2016 is recognized (in the face of 106 investigation records).

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