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(영문) 대전지방법원 2019.08.08 2019고단1964
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was the victim B(n, 26 years of age) who was a pet, but is now a hedging relationship.

1. Around 00:00 on September 17, 2018, the Defendant infringed upon his/her residence, divided the entrance and exit number of the entrance and exit of the victim, which he/she had been aware of before the house was located, into the residence of the victim, Seo-gu Daejeon, Seo-gu, Daejeon and OOOOOOOOOOOO, and intruded the victim’s residence.

2. Around October 10, 2018, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) committed a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (defluence) against the victim’s reputation by openly pointing out the fact of garbage in the middle, i.e., e., by openly disclosing the fact of waste to the public through an information and communications network, along with Empis marked by the victim with another male.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement concerning B (the defendant and his defense counsel recognized the fact that the defendant entered the victim's house in relation to the entry into the victim's house in the judgment, but the defendant was in the control of the victim and agreed to do so at the victim's house, which was known to the victim at the time, divided the identification number of the front door, which the victim knew to the victim, and went to the residence after the cancellation of the corrective device. Thus, the above act does not constitute "influence" as stipulated in Article 319 (1) of the Criminal Act. However, according to the evidence duly adopted and investigated by this court, the defendant's entry into the victim's residence against the victim's will is sufficiently recognized, the above argument by the defendant and his defense counsel cannot be accepted).

1. Relevant Article 319(1) of the Criminal Act; Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; the choice of a fine for a crime;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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