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(영문) 의정부지방법원 고양지원 2019.03.14 2019고정48
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Justice] In addition to the previous conviction, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of fraud, etc. (hereinafter “A”) in the Goyang branch of the Jung-gu District Court on February 17, 2012, and was sentenced to two years of suspended execution on February 25, 2012, and two years of suspended execution on April 18, 2014 for a crime of fraud (hereinafter “B”) in the Goyang branch of the Jung-gu District Court (hereinafter “the above judgment”), and was sentenced to two years of suspended execution on May 28, 2015. The Defendant committed a violation of the Information and Communications Network Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) before May 28, 2015, which is the date on which the judgment of the above crime was finalized.

However, as above, the date of the crime of B, which became final and conclusive on May 28, 2015, is before February 25, 2012, which became final and conclusive, and thus, the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and the crime of B, for which

Therefore, the crime of violation of B and the crime of violation of the Guarantee of Automobile Accident Compensation Act, which became final and conclusive on May 28, 2015, cannot be said to constitute concurrent crimes under the latter part of Article 37 of the Criminal Act.

The Defendant was sentenced to a suspended sentence of ten-month imprisonment at the District Court on September 22, 2015 (the date of the commission of a crime on February 6, 2014) and the said judgment became final and conclusive on October 1, 2015. On November 3, 2017, the same court (after February 25, 2012, before May 28, 2015), five years of imprisonment for fraud, etc. (the date of the commission of a crime), two years of imprisonment for a crime of false accusation, etc. (after May 28, 2015, before October 1, 2015), and three years of imprisonment for a crime of false accusation (after October 1, 2015, after the date of the commission of a crime), and the said judgment became final and conclusive on October 28, 2018 (the date of the commission of a crime).

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