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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 29, 2015, the Defendant, on the bulletin board of the operator of “C” from Suwon-si, Suwon-si, Suwon-si, with the aim of slandering the victim D, “(i)”: C: 20 to 1:0 to 20 to 3:0 to 20 to 1:0 to ed.
In recent years, while the articles that have been repaired are posted on the car page, they are frighten with the mind by asking for a variety of opinions.
approximates, 2) Grounds for resignation recommendation
가. A 여 회원을 타 회원에게 ‘ 벗겨 보니 펭귄이더라
“Written / Witness /Sgd. of the column’s body /Sgd.;
B. “Persons with disabilities” with B’ to other members, the term “persons with disabilities” / Witness / The term “the victim was not the victim’s speech with the word “,” and publicly damaged the victim’s reputation by openly pointing out false facts as if the victim was the speech of another person.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. A written statement in F and G preparation;
1. Documentary evidence submitted by the complainant [the defendant alleged that it was unlawful because he publicly stated facts for the public interest. However, according to each of the above evidence, it is recognized that the defendant made a false statement for the purpose of slandering the victim. Thus, Article 310 of the Criminal Act on the Elimination of Illegality cannot be applied to defamation or defamation through an information and communications network where the purpose of slander is recognized as a purpose of slandering the victim (see, e.g., Supreme Court Decision 2003Do601, 2003Do9, May 16, 2003). According to each of the above evidence, there is a justifiable reason for the defendant to believe its content as truth.
Therefore, we cannot accept the above argument.
Application of Statutes
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. The Criminal Procedure Act of the Provisional Payment Order.