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(영문) 서울북부지방법원 2018.05.18 2018고정463
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
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 is a person who served as the chairperson of the promotion committee for the establishment of the C Housing Redevelopment Project Association, and the victim D is a person elected as the chairperson of the promotion committee at the residents' general meeting on June 13, 2017.

On June 13, 2016, the Defendant access the Internet “F” website from Seongbuk-gu E and 204 office around 11:52, Seongbuk-gu, and 204, and refers to the victim by mobile phone text message from the promotion members of the C Promotion Committee. “D” is the member subject to clearing, even if the C project seems well progress, it is impossible to purchase the apartment.

That is so.

A person who has developed a redevelopment project only without any share that other family members are entitled to purchase an apartment, and has entered C to drink his/her right.

‘Before sending the text message of ‘A' and from June 7, 2017 to June 15:02, 2017, the following: (a) published text message to the promoters and owners of land C, etc. on a total of eight occasions, such as the list of crimes committed in the attached Form, thereby damaging the honor of the victim or openly insulting the victim through an information and communications network, with an intention to defame the people by sending text message.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to D;

1. The application of statutes governing certified copies of registers, details of sending letters of suspects, letters of civil petitions filed in Seongbuk-gu, Seongbuk-gu, and evidentiary materials of crimes Nos. 4,6,7, and 8;

1. Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., Article 311 of the Criminal Act, and the selection of fines for negligence;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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