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(영문) 인천지방법원 2020.04.24 2019고정2533
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B are members of the redevelopment of the C Zone, and the defendant is the representative of the above cooperatives' proposers.

On March 26, 2019, the Defendant was dissatisfied with the victim’s activities as a proposal for redevelopment cooperatives separately, and the Defendant sent text messages to the members of the Group C using web Transmitting text messages (D) around March 17:34, 2019, even though the victim did not have been punished for the suspension of execution. B found the Urban Improvement Department of Michuhol-gu Office in February 2019, and then asked that he would be able to request the head of the partnership when the suspension period expires in May 2020.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Text details;

1. Application of the report of investigation (references to B criminal records and criminal records (B) and statutes;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime and Article 70 of the same Act;

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

1. Although a normal defendant who is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the crime of this case, there is no circumstance to see that he seriously repented or endeavored to recover damage.

The victim was not able to receive any conviction from the victim.

Prior to the crime of this case, the defendant has been sentenced to a fine or a suspended sentence of imprisonment for another crime.

A favorable normal crime was committed once.

Criminal facts

In addition to the fact that the victim was punished for a suspended sentence, it is not included in the content that may impair the honor of the victim.

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