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(영문) 서울서부지방법원 2017.05.19 2017고정205
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

1. The Defendants shall be punished by a fine of KRW 700,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

B, Defendant A, and Victim C are in Eunpyeong-gu Seoul Metropolitan Government E (hereinafter referred to as “E”).

The service bus officers, Defendant B is responsible for the general affairs of the organization of trade unions, Defendant A is responsible for the chief of the organization of trade unions.

The Defendants sent a text message to the bus articles that would impair the reputation of the chairman of the above E Trade Union and Labor Relations Commission, and accordingly, the Defendants used the above E office around June 15, 2016 and a computer installed therein, using the computers, “The thickness of the C Articles will return to themselves and act in a more manner.”

The order of the challenge of the vehicle running ahead of it is hot at the same time among our Easterns.

과연 동료를 그 정도로 위하시는 분이 뒷 차를 힘들게 하여 스트레스를 주시고 사고 유발시킵니까

B. A’s text message sent approximately KRW 207 to a portable phone of the said E employee.

As a result, the Defendants conspired to defame the victims through the information and communication network, thereby impairing the reputation of the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Application of statutes governing the details of text messages received by Handphones;

1. The Defendants who choose the relevant legal provisions and punishment concerning criminal facts: Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc., and Article 30 of the Criminal Act;

2. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

3. Defendants of the provisional payment order: (a) the Defendants’ grounds for sentencing under Article 334(1) of the Criminal Procedure Act are against the misunderstanding of the Defendants; (b) the Defendants neither posted nor posted the relevant facts at a place accessible to many and unspecified persons; and (c) the details of the text messages sent; and (d) other relevant factors;

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