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(영문) 광주지방법원 순천지원 2013.07.12 2012고정818
명예훼손등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On December 5, 2011, the Defendant defamationd the victim’s reputation by openly pointing out the fact that “E lends money and is a high-income business operator doing bond play,” while openly pointing out the fact that “E lends money, and is a high-income business operator performing bond play,” at the restaurant of “D” located in the Jeoncheon-si, Ma, Ma, G, H, I, and J.

2. Around December 19, 201, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) sent a text message to seven mobile phone members including L, M, G, N, H,O, P, etc., including L, M, N, H, P, and seven mobile phones from the Defendant’s office located in K at Y in the Y in the Y of YYY, the Defendant damaged the reputation of the victim by openly revealing facts through an information and communications network, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G, H and F;

1. Application of text, details, and Acts and subordinate statutes;

1. Relevant Article 307(1) of the Criminal Act (the point of defamation), Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of defamation of facts through information and communications networks), and the choice of fines, respectively, for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Taking into account the fact that the defendant was the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the fact that the victim's high interest rate became the starting point of this case

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