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(영문) 서울북부지방법원 2018.10.18 2018고단3270
명예훼손등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant was a commercial employee of the victim B(the age of 27) and was dead for about five years.

1. Intimidation Defendant, around March 6, 2018, 17:47, on the ground that the victim was not contacted at his/her own residence, sent a phone to the victim on the ground that the victim was not contacted.

From March 25, 2018 to March 21:04, the victim threatened the victim at least six times in total, such as the list of crimes in the attached Form.

2. The Defendant’s defamation calls to E, a work partner, regardless of the fact that the victim B had been a lighting engineer D and a private right at the film site, and “B is a lighting engineer D and a private right in this film site.”

“The victim B’s reputation was damaged by openly pointing out false facts by speaking to the purport that “.”

3. On March 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) called the victim in the vicinity of the victim B’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) called the victim, and (c) called the victim with a strong amount of money when communicating the victim.

“In addition to speaking, the victim sent a telephone or text message to several times, and continued to attempt access against the other party’s explicit intent, such as waiting for the victim by finding the victim in the vicinity of the victim’s residence, and repeated actions, such as demanding to meet or comply with the agenda, complying with, or waiting for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Complaint;

1. Investigation report (as to the list of intimidation crimes), list of crimes, and investigation report (as to the crimes specified in the crime)

1. Application of statutes, such as recording books, Kakao Stockholm and telephone call details, and Kakao Stockholm content;

1. Article 283(1) of the Criminal Act applicable to the crime, Article 283(1) of the option of punishment (the point of intimidation, the choice of imprisonment), Article 307(2) of the Criminal Act (the point of defamation, the choice of a sentence of imprisonment), Article 3(1)41 of the Punishment of Minor Offenses Act (the choice of a penalty).

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