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(영문) 광주지방법원 목포지원 2017.02.28 2016고정597
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. No person who intends to defame a person shall defame another person by openly pointing out facts through an information and communications network with intent to defame the person;

Nevertheless, on July 5, 2016, the Defendant received a request from B on his/her own mobile phone (D) from B, which is his/her domicile, and used his/her mobile phone (D), thereby referring to a 'F restaurant' with the victim E’s face pictures and the victim’s face pictures. After Korea-Japan High Village Transaction, he/she will be able to kill the Defendant by being opened only a personal transaction (e.g., a civil lawsuit) and open at the police station.

잡자 언 능 ~~~~TT 속터진다 속터져. 같은 목포에서 어쩜 공유 합쎄. 근데 ㅁ ㅊㄴ 이 카스는 쳐 하고 있네

The phrase “the victim’s reputation was openly damaged for the purpose of slandering the victim by posting the phrase on his page (G).

2. No one shall defame another person by openly pointing out facts through an information and communications network with intent to defame a person.

Nevertheless, the defendant provided A with the above victim's photographs, paintings, etc. at the same time and place as the above paragraph 1 above, and instigated A to impair A's reputation by using information and communications network as mentioned in the above paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to documentary evidence (a photograph by cutting down a page North Korea);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 70(1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Selection of a penalty)

B. Defendant B: Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 31(1) of the Criminal Act (excluding punishment)

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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