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(영문) 대전지방법원논산지원 2020.12.15 2020고단509
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B are divorced from around 2019.

At the time of continuing the marital life with the victim, the defendant has a good appraisal as a matter of money, and has expressed a letter to C for the purpose of slandering the victim.

On December 27, 2019, the Defendant posted a statement of the Defendant’s typology D, “On December 27, 2019, the Defendant publicly damaged the Defendant’s reputation by openly pointing out the Defendant’s false information by pointing out the fact or reputation with a total of 11 times as indicated in the annexed crime list, including stating false information as if the victim had no actual wind, in spite of the fact that the Defendant had a wind.”

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. Application of the Acts and subordinate statutes concerning photographs to be cut down;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (including the fact of defamation when a person commits a crime), Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (including the fact of defamation when a person commits a crime), Article 70 (2) of the Act on Promotion of Information and Communications Network

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant posted to his own C a letter containing false facts or facts, such as that the victim, who is the former wife, committed an unlawful act during the marriage period, etc., thereby honoring the victim.

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