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(영문) 창원지방법원 2014.02.07 2013고정1508
명예훼손등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 10, 2013, the Defendant: (a) attached a leaflet stating that “If the Defendant borrowed money from the Defendant, he/she shall have to pay the money; (b) he/she shall have to pay the money; and (c) attached it to the front door of the victim’s house, the entrance of the entrance; and (d) attached it to the front door of the victim’s house, the entrance of the entrance; and (c) attached the front door of the elevator inside the elevator, thereby impairing the victim’s reputation by openly pointing out facts.

2. A person violating the Act on Promotion of Information and Communications Network Utilization and Utilization, etc. of Information and Communications Network Utilization and Information Protection Act was prohibited from distributing information with a content that repeatedly leads to reaching other parties, through an information and communications network. However, the Defendant sent text messages to the victim’s cell phone on July 10, 2013 on the ground that the said victim did not repay the money borrowed. On July 13:48, 2013, the Defendant sent out text messages to the victim’s cell phone at around 16:04 of the same day, and the same day at around 16:05 of the same day, and around 16:07 of the same day, “a person who was making a false speech” reached the victim’s fear or apprehension by repeatedly sending text messages through sending them to the victim’s cell phone at around 63 times, including sending text messages.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Relevant Article of the Criminal Act and Article 307(1) of the Criminal Act that allows the choice of punishment for facts constituting an offense (e.g., defamation, fines) and Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the fact that repeated transmission of the language causing unaffortable transmission, and the selection

2. The Criminal Act among concurrent crimes;

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