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(영문) 서울북부지방법원 2016.02.18 2016고정38
재물손괴등
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant and the victim B conspired from around 2002 to around 2006. From around August 2014 to around November 2014, the Defendant and the victim came to the school on the premise of marriage.

1. On April 24, 2015, the Defendant damaged the property by removing 20,000 won of the market value on the Datland Kaki vehicle owned by the victim in front of the victim’s house located in Yangju-si on April 12:16, 2015, from the victim’s house in Yangju-si as his hand, and destroying the property by cutting a brick on the victim’s house in front of the victim’s house.

2. Violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.;

A. On April 26, 2015, the Defendant, at around 15:15, damaged the reputation of the victim through an information and communications network for the purpose of slandering the victim by transmitting the text message “B abortion surgery in Yangju-si C, and her single mothers creation, converted,” to the victim’s workplace.

B. On April 27, 2015, the Defendant: (a) around 10:43 on April 27, 2015, with regard to a selective officer who works in the vicinity of the victim’s house, “B abortion surgery in Yangju-si C; and (b) the Defendant changed the morale of female mothers into a single mother.

"In order to defame by transmitting the text message of the content, the victim's reputation was damaged by disclosing the fact openly through the information and communication network."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on complaint and accusation;

1. Relevant Article 366 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Selection of each fine);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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