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(영문) 창원지방법원 진주지원 2017.04.28 2017고정63

명예훼손등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where the defendant does not pay the above fine, ten days shall apply.

Reasons

Punishment of the crime

1. On July 12, 2016, the Defendant, at around 18:00, posted a complaint against the dismissal of the victim D, who is a security guard who does not have good appraisal with the victim, in the Jinju-si apartment, Jin-si, Jin-si, Seoul. Around July 12, 2016, the Defendant: (a) stated the content of “D expense” on the notice of the disposition of the accusation and accusation case stating that the victim was a summary of KRW 1,00,000 due to the charge of assault and damage to property; and (b) copied it and distributed it to the occupants of the apartment including E, thereby impairing the victim’s reputation by openly pointing out the fact.

2. On March 2, 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (hereinafter “the Act”) should be punished by a fine of one million won on the mobile communication device of the said victim in order to make the said victim, who is not adequate for himself/herself and appraisal within the said apartment multi-dong 1007 residence, difficult to continue to engage in security guards.

Down at least 6 years in the Republic of Korea, there shall be approximately nine million won to bring about 100 million won to a written resident who has been suffering from 100 million won.

In addition, the phrase “fortunately,” which is not seen as damages, and the phrase “fortunately, to be deemed as damages,” was transmitted, and the phrase “fortunately, to be deemed as losses,” was transmitted repeatedly over 26 times in total, such as the table of crime committed in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes governing the notice, text and photographic;

1. Relevant legal provisions and Articles 307(1)3 and 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., the selection of fines for criminal facts, as well as the selection of penalties, respectively;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 [the punishment is more severe.] of the Criminal Code.