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(영문) 전주지방법원 2017.05.19 2017고합2
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

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

Reasons

Punishment of the crime

1. On February 7, 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) drafted a notice posted with a photograph attached to the c (one member of a National Assembly) containing the content that “D (one member of a National Assembly who makes it difficult to gather back)” at the entrance of the State of Han-won (hereinafter referred to as “C (one member of a National Assembly”) using his/her own mobile phone at a closed place, thereby impairing the honor of the victim C by openly aiming at slandering him/her as shown in the list of crimes committed in the attached Table (1).

2. On December 10, 2015, the Defendant publicly posted a letter on the Picket stating false facts, such as posting a letter on the Picket, “Pick C,” in front of the main entrance of the Republic of Korea Won-gu, Seojin-gu, Seoul, Seoul, in order to damage the reputation of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. Written complaint filed by C;

1. Written opinion of the F of the professional examiner concerned;

1. Application of Acts and subordinate statutes to each investigation report (a criminal investigation into the details of the investigation direction, and to verify whether the complainant’s building is illegal or not materials to capture defamation submitted by the complainants);

1. Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts, Article 307(2) of the Criminal Act (a point of defamation by a false statement of facts within an information and communications network), and the selection of each fine for negligence;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the instant building “C” (hereinafter “instant building”) is illegal, and the Defendant stated not false facts but true facts, and information and communications network.

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