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(영문) 부산지방법원 2016.10.27 2016고정2474
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a master post with the trade name of “B” and the victim C is a person who operates a master post with the trade name of “E”.

On March 13, 2015, at around 07:29, the Defendant, at the B office located in Busan Shipping Daegu F, posted a notice on “G, D, and H” website using the computer, stating that “The name he/she has been changed,” and then requested to change the name he/she was born at the end of the consideration, and made a request to add objectivity, the Defendant posted a notice at the same site as “G, D, and H” at the same time on January 21, 2016, and the Defendant posted a notice at around 07:00 and October 2018, 2016, respectively.

However, the victim did not write the victim as an unused person, or did not write it using a computer program, and the defendant thought that the peace victim criticizes the defendant's writing method, and then the defendant moved the notice posted by another person without any verification, on the ground that it was the victim's criticism of the defendant's writing method.

As a result, the Defendant revealed a false fact openly through the information and communication network with a view to slandering the victim, thereby impairing the reputation of the victim, and spreading a false fact openly, thereby hindering the victim’s small business of the reputation center.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each posted article;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Articles 314 (1) and 313 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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