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(영문) 대전지방법원 2018.11.16 2018고정446
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the Taekwondo Institute in the name of “C” in Sejong Special Self-Governing City B, and uses the “E” in “C”, a D.

On September 13, 2017, the Defendant: (a) connected the victim F with the “E” in the said “C” in the Special Self-Governing City G Apartment H of Sejong Special Self-Governing City around 14:38 on September 13, 2017 for the purpose of slandering the victim despite the fact that the victim F was physically punished by the students; and (b) heard the parent’s thickness with respect to the son.

“A false fact was inserted” with the content of “.”

Accordingly, with the aim of slandering the Defendant, the Defendant posted a false fact openly through the information and communication network, thereby impairing the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Do course photographs;

1. Investigation report (the parents' counter-fact confirmation of the victim's assertion) (the parents of the students who had been employed in the Taekwondo Institute operated by the defendant and the injured person at the time stated to the effect that "no person has been punished by physical punishment from the injured person" in the currency of the investigative agency. It can be sufficiently recognized that the defendant stated false facts, and it can be sufficiently recognized that the defendant had the purpose of slandering the defendant unless the defendant stated false facts in dispute with the injured person in relation to the operation of the Taekwondo Institute. It can be sufficiently

1. Article 70 (2) 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. Consideration of the circumstances leading up to the instant crime by the Defendant on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act

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