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(영문) 인천지방법원 2018.11.30 2018고정2185
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, when compared with himself who did not have a stable occupation without graduating from the university, had the victim B feel a sense about preparing police officers' tests with his parent's aid, and had the mind to slander the victim.

On June 10, 2017, at around 02:41, the Defendant connected the Internet “D” community site (E) to the “F” community site (E) at his own residence located in Nam-gu Incheon Metropolitan City, and posted a notice on the “G” bulletin board that the Defendant was “H” and did not actually fact together with the victim’s telegraphic photo brought by the Defendant from the victim I without the victim’s permission. However, although the public book is known and the male tag is not known, the Defendant posted a notice on the “three years” on the part of the victim’s general photograph.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to data to be submitted (fested in writing) ;

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting a crime and the selection of a fine;

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 of the Provisional Payment Order [The defendant and his defense counsel] posting a notice on the criminal facts in the judgment of the court below is not an honorary crime because it is not an expression of specific facts.

However, the content of the above notice, and the content of the comments posted by the defendant on the above notice ("be registered later than J").

(b) received a new draft gift after several days.

In light of the photographic omb, etc., specific facts that may undermine the social value or evaluation of the victim.

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