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(영문) 서울남부지방법원 2013.11.14 2013고정1735
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 16, 2012, the Defendant filed a criminal complaint against the victim H, who is in charge of audit and inspection of the owner’s representative of an officetel in Gangseo-gu Seoul Building 6.16, and the victim received a fine of KRW 300,000 as a crime of insult. The Defendant damaged the victim’s reputation by openly exposing facts through an information and communications network for the purpose of slandering the victim, such as attaching a recording file of the content of the victim’s abusiveing and blocking the audit (which can be verified at the data storage room) to the “D” data storage room on the Internet on which the said officetel occupant joined as a member by using the computer.

2. On July 28, 2012, around 16:50, the Defendant, using a computer, damaged the reputation of the victim by openly exposing facts through an information and communications network for the purpose of slandering the victim, such as attaching a written complaint filed against the victim for a criminal offense of insult, under the title of “D” (a written complaint filed against H auditors at the Gangseo Police Station) to the said Internet data storage room.

3. On September 3, 2012, the Defendant: (a) attached one copy of the notice of progress of the case regarding the offense of insult received from the Seoul Gangseo Police Station (Seoul Southern District Prosecutors’ Office) under the title, “D,” a data storage room next to the above Internet, using a computer, to attach one copy of the notice of progress of the case regarding the offense of insult received from the Seoul Southern Police Station; and (b) affix one copy of a photograph of the result of the disposition of insult received from the Seoul Southern Prosecutors’ Office; and (c) attach one copy of the public notice to the public prosecutor of the South Southern Prosecutors’ Office, “as a result of the case of complaint or accusation, the public prosecutor of the South Southern Prosecutors’ Office imposed a fine of KRW 300,000 on H as an offense of insult.”

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