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(영문) 서울남부지방법원 2017.08.09 2017고정893
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 person who is in office as a facility management worker in C corporation.

On December 31, 2016, at around 04:35, the Defendant access to the Defendant’s Facebook (E) from Gangseo-gu Seoul Metropolitan Government D Apartment, 101 Dong 105, to the Defendant’s book from the Defendant’s home to the Defendant’s Facebook (E), and “A visiting the Republic of Korea is a malicious company that is larger than Samsung, is a good company that pays money to the Defendant, and is a good company that has the highest bad faith while capital is deducted to the United States.

In absolute sense, C is not erroneous.

“The writing, including the writing “, published 28 times in the Defendant’s Pins North Korea account and G Pins North Korea account (H), such as the Defendant’s Pinsbook.

Accordingly, with the aim of slandering, the Defendant damaged the reputation of the victim by openly disclosing false information through the information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. 페이스 북 스크린 샷 사본 법령의 적용

1. Article 70 (2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc. (Selection of Penalty) concerning facts constituting an offense under the relevant provisions of the Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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