A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the father and wife of the victim B.

On July 27, 2017, the Defendant sent the phrase “B, F, as wind, thrown away, and is still living together,” the victim’s private teaching institute Handphone, which is the victim’s private teaching institute Handphone, in the process of divorce due to the fact that the victim has winded with another woman.”

As a result, the Defendant’s “fact” in this context does not necessarily mean “a false fact” that is opposed to “a false fact” through an information and communications network for the purpose of slandering the victim, but rather is the concept that is replaced with “an opinion” that contains value judgment or evaluation (see, e.g., Supreme Court Decision 2016Do18024, Apr. 26, 2017). The Defendant damaged the honor of the victim by diversing the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of text messages statutes;

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting a crime and Article 70 of the same Act and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant is the primary offender, the background and frequency of the instant crime, the details and frequency indicated through the text message, and other circumstances, including the Defendant’s age, sex, living environment, and circumstances after the crime, etc., and the sentencing conditions as indicated in the instant records and the previous theories, shall be determined as ordered, taking into account the following factors.

The acquittal portion

1. The summary of the facts charged is the victim B and the legal couple as an instructor of a driving school.

On July 27, 2017, the Defendant: (a) around 23:56 on July 27, 2017, the C Apartment Co., Ltd., and (b) on July 27, 2017, the victim was under divorce proceedings with other women, and (c) the victim’s private teaching institutes and Handphones of E, which is the victim’s private teaching institutes.