beta
집행유예
red_flag_2(영문) 수원지방법원 2005. 11. 30. 선고 2005고단265 판결

[공갈·절도·협박·업무방해·정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)][미간행]

Escopics

Defendant

Prosecutor

limited to the extent of transfer

Defense Counsel

Attorney So-young

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a person working at (trade name 4 omitted) architect office. Around October 2003, the defendant entered the building office of the non-indicted 1's management (trade name 2 omitted) with the introduction of the victim (Nam, 40 years of age) and worked as the supervision of the building site; however, the defendant did not receive a monthly payment for the defendant who should be paid in May 25, 2004;

1. On June 2004, at the supervision office at the construction site of Gosung-gun, Gosung-gun, Gowon-gun, Gosung-gun, Gosung-gun, the victim made a telephone call to the defendant about the problem that the above victim had not been paid for the five-month payment, and the victim had the victim informed each media organization and related organization of the fact that the other company had been informed of the fact that the victim had not been paid for the five-month payment, and had the relevant public official be subject to reprimand as well as the constructor and the supervisor. This means that the employer was employed even though he knew of the fact that he had such criminal record, and thus, the employer would be subject to punishment to shut down the door that the company could no longer be operated. It means that the victim would clearly show what he would be.”

2. At around 14:00 of the same month, around 14:5, Dongam-dong, Incheon, 200, showing that the above victim and the above non-indicted 1 were the persons related to the reporters of cultural broadcasts, middle-day reporters, and the association of economic justice, and they immediately gather news materials. Whether they were to be known of the company. Pursuant to the Prohibition of Corruption, they are preparing to present relevant materials, such as the Anti-Corruption Commission, construction and delivery, and the Board of Audit and Inspection, etc., the door of the company is closed. Since there were a large amount of money, the constructor who conducts supervision may not pay 3 if he were to drink, and now the constructor may now be punished by sending additional materials related to the company. On the same day, it is possible to say that the above non-indicted 1 will not be punished by sending the victim a total of 0-month revenues to the above non-indicted 2's cell phone construction and supervision at around 18:10,000 more than the above 1-month culture.

3. For the purpose of slandering victims:

On June 28, 2004, when a report on the building office operated by the victim was broadcasted under the title of "Supervision of Consolidated Construction Sites" in the Cultural Broadcasting Library on June 21, 2004, the supervision company of 234, June 28, 2009, which was reported to the MaBC News Agency on the Internet next Kapetbook Official List on July 1, 2009, "(name omitted)" was the pen name of "(name 2 omitted)", "No. 234, June 28, 200, the supervision company's evaluation of the supervision company was the building office No. 185 (name 2 omitted): The office location of the Gyeonggi-do Council (hereinafter omitted); 2. The reported content of the report: the company was the director of the certified architect victim's office (name 3 omitted); the office (name 1.2 omitted); and the office (name 1.2 omitted); the person who publicly posted the victim's license for the same reason that the victim's license was operated by 3 months.

4. On October 25, 2004, the document files owned by the above architect at the site of the construction of the Dongamdong-dong (name omitted), Bupyeong-gu, Incheon Metropolitan City (name omitted), including the “Direction Book”, “public document delivery file”, “Minutes”, “materials Approval”, “Supervision Date”, etc. were arbitrarily taken and stolen.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement made by the witness, the victim, and the non-indicted 1

1. Part of each prosecutor's office and police interrogation protocol of the accused (including substitute part);

1. Each police statement of the victim and Nonindicted Party 1

1. A copy of the written agreement;

1. Open open squares and free bulletin board;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 283(1)(1) of the Criminal Act, Article 350(1)(a) of the Criminal Act, Article 350(1)(a) of the Criminal Act, Article 314(1)(a) of the Criminal Act, Article 61(1)(a) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc.(a)(a) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection(a) of the Criminal Act,

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account the circumstances and motive of the crime, the fact that there is no criminal record other than the three-time fine)

Judges Senior Jin-jin