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(영문) 광주지방법원 2017.12.07 2017고정1368

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

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

Reasons

Punishment of the crime

The Defendant conspired with the name influor who uses the “D” account known in the “C” community of the Republic of Korea, which is a social network service, and conspired with the victim F who uses the “E” account in the same group, thereby pointing out the victim’s personal information and harming himself/herself.

On July 21, 2016, at the defendant's house located in Gwangju Mine-gu, around 10:30, the defendant revealed that he was the victim by searching the photo, etc. of "E" account at the Internet and then transmitting the victim's main name, date of birth, and information about the school in his school to the above name in the face to the above name in the face of the "D" account. The above name in the name in the name in the name in which he was used "H" was called "H" to the north of the name in the face of the "D" account in which he was used. The victim did not have any fact of attempting to engage in sexual intercourse with other people in the face of the Pest in the face of the Pest, "I want to attract interest to see)" and "I am from Pest and I am "I am, I am residing in the middle of the Pest, Pest, and I am at the age of Busan."

In addition to “the photograph of the victim”, the victim posted his photograph.

Accordingly, the Defendant conspiredd with the person who was not injured in name, thereby impairing the honor of the victim by disclosing false information openly through the information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the statutes governing the publication of the Facebook;

1. Article 70 (2) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, and Article 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;