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(영문) 광주지방법원 2016.08.25 2016고정856
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) on or around December 26, 2015, the Defendant used his/her mobile phone from Gwangju Northern-gu C and 102 dong 1101, and used his/her mobile phone number Do D, E slotphone, and F vehicle number G rolling stock number G on the Preemptive;

Melaverging laverging

Ep. The parents are flurged, all of which are true, and they are too flurged in the G form that they attempt to conceal.

By February 2, 2016, “B” posted the “BE, etc., and thereby, damaged the reputation of the victim G by pointing out false facts on five occasions, such as the one in attached Table 1.

2. On January 10, 2016, the Defendant: (a) sent the victim, using mobile text messages, etc. at the places indicated in paragraph (1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc.; (b) sent the victim a text message, “I am Mana, I am Mana, I am, I am, I am, I am, I am, from April 15, 2016, to create uneasiness over 59 times, as shown in the attached Table 2 of the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 70 (2), Article 74 (1) 3, and Article 44-7 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. for Criminal Facts and Punishment, as well as Article 70 (1) 3 of the Act on Promotion of the elective Use of Information and Communications Network and Information Protection, Etc.;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of 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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