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(영문) 대전지방법원 천안지원 2019.09.19 2019고정334
모욕등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant was working for the fishery company B from February 27, 2019 to March 8, 2019, while the victim C is the head of the said corporation.

1. On March 11, 2019, the Defendant sent the victim’s message “E Representative and C’s regular liners without any need to take measures,” and then sent the message to the victim from around 20:20 days before the same day, on the ground that the Defendant was subject to unfair dismissal at the Diveting room with ten employees of a fisheries company B, at a place not known at least on March 17:47, 201. The Defendant sent the message to the victim eight times in total, as indicated in attached Table 1 of the Crimes List 20:20 of the same day. On March 11, 2019, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc.: (a) sent a text message to the victim’s cell phone at around 17:33, 2019 and sent the text message to the victim at least on March 18, 2019, from the time when the victim sent it to the victim.

As above, the Defendant repeatedly reached the victim’s text that arouses fear or apprehension through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the details of text messages (4-12 pages of investigation records) attached to a complaint;

1. Relevant Article of the Criminal Act, Article 311 of the Criminal Act, Article 74 (1) 3, and Article 44-7 (1) 3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that not only the victim of the instant case, but also other employees commit the crime such as taking a bath at a group D room.

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