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(영문) 의정부지방법원 고양지원 2017.11.23 2017고단2423

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) did not have taken pictures, sexual activity pictures, etc. of famous female sports players and entrepreneurs, but had his/her face pictures, sound images, etc. exposed to them, and had them shotic pictures, etc. shotic pictures, which would lead the said female sports players and entrepreneurs to misunderstand as if they were actually taken pictures or sexual activity, on a disc (www.ondisk.co. c. kr) which was the Internet pornography-sharing site.

On February 2, 2017, around 00:12, at the Defendant’s residence located in Seoyang-gu B lending 5.202, the Defendant laid the victim’s face pictures and names exposed to the victim C at the Internet site, and laid them up in a disc in which the Defendant was working as a member, and distributed them. In addition, the Defendant posted eight celebnent synthetic photographs, etc., such as the part of the attached crime list (1).

Accordingly, the defendant has damaged the honor of victims by openly pointing out false facts with the aim of slandering them through information and communications networks.

2. Violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscenity) was distributed by inserting at the time and place specified in paragraph 1, the Defendant, as shown in paragraph 2, a 503 obscenity file containing 503 obscenity files, such as the list of offenses, on the disks.

Accordingly, the Defendant distributed obscene images via information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (verification of criminal suspicion);

1. Report on internal investigation (verification of greenhouse disc information on the identity of the subscriber);

1. Reports on internal investigation (verification of the victims' intent to punish them);

1. Reporting internal investigation (verification of the fact of damage);

1. The application of the investigation report (the suspect's "solid.zip" compressed file)-related statutes;

1. Relevant provisions of the Act concerning facts constituting an offense;