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(영문) 서울북부지방법원 2017.05.11 2017고정150
협박
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On April 26, 2016, the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) of the Defendant sent e-mail indicating the fact that he/she had a sexual intercourse with the Defendant’s male-gu at Seongbuk-gu Seoul, Seoul, to six persons, such as the victim D, F, etc., who was a professor of the nursing department of the E University where the injured party was in school, and sexual intercourse with the Defendant, ............. At first, the Defendant sent e-mail indicating the fact that he/she had a female-friendly Gu, and around 16:09 on the same day, he/she sent e-mail indicating that he/she had a sexual intercourse with the Defendant, who was aware of the fact that he/she had a female-friendly Gu, and that he/she had a sexual relationship with the Defendant.

5. 2. On June 3, 2016, around 23:25, around 23:25 sent to six persons, including F, with knowledge of the fact that there is a female-child organ by e-mail, and posted a letter of the fact that he/she ought to do so with awareness of the remaining male organ in the Lone Star Program.

Accordingly, the defendant has damaged the reputation of the victim by exposing public facts through information and communication networks with a view to slandering the victim.

B. Intimidation Defendant sent text messages five times in total, as shown in the annexed Table 1, including: (a) the victim D, who had a dispute over a different gender relationship at the same place from May 20, 2016 to June 22, 2016, did not find every time to the victim D; and (b) the Defendant sent one at the vicinity of the search’s net width.

The victim threatened the victim.

(c)

No person who violates the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Prohibition of Distribution of Unlawful Information) shall repeatedly cause fear or apprehensions to any other person through an information and communications network.

Nevertheless, the defendant is divided into two parts on the ground that the victim D filed a complaint against the defendant with an investigative agency, and the victim's cell phone in Seongbuk-gu Seoul from June 26, 2016 to July 5, 2016 is the victim's cell phone.

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