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(영문) 춘천지방법원 2014.11.11 2014고단372
협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 14, 2013, the Defendant, who was arrested as a flagrant offender due to the suspicion of obstruction of performance of official duties, etc., committed intimidation to the victim J police officers, and tried to write down a writing on the victim’s carotory.

피고인은 2013. 12. 8. 21:13경 불상의 장소에서 피해자의 카카오스토리에 접속하여 “조만간 뵙게 될 겁니다. 후배들 중에 경찰대 나온 놈들이 많아요. 여기 지방청 AA씨 동기 분들이 제 친구가 몇 명 있지요. 창피해도 할 말은 해야겠지요. 한번 맺은 인연은 오래오래 가지요(후략)“라는 내용의 글을 게재하여 피해자의 신변에 어떠한 위해를 가할 듯한 태도를 보여 피해자를 협박했다.

2. On December 17, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) (hereinafter “Information and Communications Network Utilization and Information Protection Act”) had access to the victim J’s Kakaotolua in a non-fluent place, and expressed the part of the statutory perjury, etc., on the ground that the chip flue was a provoking of the J, and that the flusium was a provoking of the J.

However, in fact, AB did not make such a statement to AC.

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. Partial statement of the defendant;

1. Each legal statement of a witness AB and J;

1. Partial statement of the witness AC;

1. Application of Acts and subordinate statutes on screen pictures by capturing a suspect's remaining comments on the Kakao Scarto which is each complainant;

1. Article 283(1) of the Criminal Act applicable to the facts constituting an offense, Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection (the occupation of defamation via information and communications networks and the choice of imprisonment);

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

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