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(영문) 인천지방법원 2012.11.09 2011고정3314
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

Nevertheless, on April 13, 2011, at the defendant's house of the defendant, 301, Dong-gu Incheon Metropolitan City, 201. 20:58, the defendant posted a title "F animal abuse Gambling room" with a view to slandering the victim E at the Internet NAC 301 meeting bulletin board, and thereby damaging the victim's reputation by revealing false facts to the effect that "Gams still conceals the fact that he received illegal medical treatment from the Dong-dong people, and that he is deemed to have received it from the trial."

Summary of Evidence

1. A protocol concerning the police interrogation of the accused (first time);

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on the screen after a closure;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning the crime.

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel on the argument of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that the contents of the above article are not false, and that the defendant posted such article for the public interest.

However, according to macroscopic evidence, the Defendant’s statement to the effect that it is difficult to view the statement made by the Defendant as true, and the Defendant voluntarily made a false statement to the investigative agency that “the fact is revealed” to the H veterinary hospital, and the victim believed that he/she was in the trial to be true and believed to be a fact by considering the same fact that he/she was found to have been in the same manner, and the overall context, language, etc., the Defendant cannot be deemed to have posted it for the public interest.

Therefore, the above argument is not accepted.

Parts of innocence

1. Facts charged;

(a) Any person;

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