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(영문) 인천지방법원 2016.05.20 2016고정1121
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, who is engaged in educational consulting, is between the victim B and the defendant's husband, who is in civil procedure as an inhumanity problem with the defendant's husband.

1. On May 13, 2014, the Defendant of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) connected the victim’s own residence to the victim’s Kakaototoo by accessing the victim’s cell phone under the Gyeyang-gu Incheon Gyeyang-gu and 102 1402 dong 1402, thereby impairing the victim’s reputation by openly posting a written notice on the fact that the victim committed an unlawful act with the victim’s husband after the divorce on the part of the victim’s husband in the whole disclosure to the public, which is a moral system of the victim’s conscience as he does not absolute divorce.

2. From April 27, 2014 to November 1, 2015, Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., repeatedly sent text messages causing fears or apprehensions to the victim using mobile phone text messages in his/her dwelling from around November 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 70 (1) and Article 74 (1) 3 (a) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, and the choice of fines, respectively;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant is the first offender, and his mistake is divided and reflected.

In addition, the circumstances leading up to the crime of this case, such as committing the crime of this case with the husband due to the defect of the illegal act with the husband.

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