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(영문) 의정부지방법원 2015.07.09 2015고정982

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

1. The defendant shall be punished by a fine of 2,500,000 won;

2. Where the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

At around 2011, the Defendant, at the mobile phone store operated by the Victim B, notified another person of the fact that he/she knew of the victim’s account ID and password of “Maviman,” which is a smartphone data mobile service program, and provided access to the said account without permission from October 2013 to January 2014, the Defendant, as a criminal fact, was issued a summary order of KRW 1,000,000 at the Jung-gu District Court, for which he/she provided a summary order of KRW 1,00,000,000, issued a victim’s complaint and criticizes the victim on SNS.

1. From October 16, 2014, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) from around 15:25 to around 22 hours, on the part of the Defendant, at D stores in Gangnam-gu Seoul Metropolitan Government, sent a notice on the victim’s summary order of KRW 100,000 due to the victim’s unfair accusation to allow the Defendant to have access to the Defendant’s Facebook by Internet 96 persons, and to the Defendant’s face-to-face visit their face-to-face, and to the effect that the Defendant did not refund the amount agreed upon to the customers who sold the victim’s mobile phone.

Accordingly, for the purpose of slandering, the reputation of the victim was damaged by openly pointing out facts through information and communication networks.

2. 모욕 피고인은 위 일시장소에서 위와 같은 방법으로 위 글을 게시한 뒤, 그 게시글 밑에 댓글로 불특정 다수의 페이스북 이용자들이 볼 수 있도록 위 피해자를 지칭하여 “뭐긴 그씨발새끼작품이지”, “모비고아디썼다고신고하는게씨발놈아니냐”, “나이서른넘어서저런개새끼짓하는건어째야되냐”, “E 시발놈”, “그냥 병신이엿어 이게샛키 마인드가”, “정신이상함 저새끼83년생인데”라는 댓글을 게시하여 피해자...