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(영문) 서울중앙지방법원 2018.11.22 2017고정1336
명예훼손등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, around the end of 2015, was in progress with the victim C and D, and the local fish driving school project was not conducted.

1. The Defendant’s phone call to E at an unknown time and place, and “The two persons were excluded from the payment of false statements,” and is in bad faith.

“The purpose of this is to say.”

However, the victim C/D was not in inhumane relationship, and there was no conspiracy to commit fraud.

Accordingly, the defendant has damaged the honor of victims by openly pointing out false facts.

2. The Defendant of intimidation: “I, at a place no longer known from April 2, 2016, detained the victim D on the victim’s warning to the victim’s “I, any longer by entering another name company, and then by fraud.”

“Along with the transmission of one e-mail of the content “,” each misunderstanding that would be served on the e-mail of 06:51 on April 22, 2016, including the transmission of one e-mail.

Before transmitting the text message, one family member’s life-compied, sent a total of 8 e-mail and text messages, such as the e-mail table (2) in annexed crimes, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to receive e-mail (influence No. 62 of investigation records);

1. Article 307 (2) of the Criminal Act and Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (joint crimes of damaging honor);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. Summary of the facts charged

A. On April 26, 2016, the Defendant violated the Act on Promotion of Use of Information and Communications Network and Protection, etc. of Information and Communications Network Utilization and Information Protection, Etc.: “The victim C at a place where it is not known about around 16:45, 2016.

On the other hand, the message called “for a half year” has been transmitted.

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