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(영문) 청주지방법원 충주지원 2016.07.08 2016고단173
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim D (V, 48 years old) and the husband and wife.

1. Around October 26, 2015, the Defendant of special intimidation: (a) expressed that the victim does not enter the normal house at the F cafeteria located in Chungcheongnam-si, Chungcheongnam-si; and (b) expressed a ice disease, which is a dangerous object on ice cart, in his/her hand, shaking the victim into the victim; and (c) expressed that “Chewing, dead, and discarded.”

2. On November 9, 2015, the Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) made five persons, including H, who access the victim’s Kakakao Stockholm account by using the victim’s mobile phone at his own house located in around 02:09 and 102 Dong 905, and registered as the friendship of the said account, and subsequently, she seen as “D’s only behavior.”

The message was sent to the victim, and 5 persons, such as the above H, etc., sent a Kakakao Stockholm photograph file sent and received by the victim and I, so that the victim and 5 persons, such as the above H, can see the above photograph at the group-rating hold, as shown in the list of crimes in the attached Table, posted a letter on the victim, by linking the victim's Kakao Stotones and the NA Ban Account over five times in total.

Accordingly, the defendant has damaged the honor of the victim by reporting facts through the information and communication network with the aim of slandering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or J;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on photographs by cutting down each cell phone screen on a mobile phone;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) of the Criminal Act (a special intimidation), Article 70(1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (a point of defamation via information and communications network), and each choice of imprisonment [the defendant's defense counsel asserts that criminal facts stated in paragraph (2) of the same Article constitute expression of opinion, not a statement of fact.

The defendant is the victim as stated in the facts constituting the crime of the judgment No. 2.

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