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(영문) 서울북부지방법원 2017.02.13 2017고정48

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. shall defame any third person by disclosing any false fact through an information and communications network with intent to defame any third person;

Nevertheless, around July 5, 2016, the Defendant connected EidiF, etc. at the Defendant’s residence located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the victim G’s photo, and “limited to the condition of bit bit bit bit bitp bitp bitp bitp bitp bitp bitp bitp bitp bitp bitp bitp bitp bitp xp xp xp xp xp xp xp xp mp

(I see that I protect the 90s.

In addition, from around that time to July 7, 2016, a notice stating the same contents as the list of crimes in attached Form E, including a notice of "in the case of a problem", was posted to a large number of unspecified people as if the victims were sexually disturbed.

Accordingly, the defendant has damaged the reputation of the victim by openly exposing false facts through the information and communication network for the purpose of slandering.

2. Around July 5, 2016, the Defendant sent a notice stating that “I am in the open location. I am going to the public,” along with the victim H’s photograph, by accessing E EIF at the Defendant’s residence described in paragraph (1).

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the accused and I;

1. Each police statement concerning G, J, K, and L;

1. A H statement;

1. A protocol of seizure and a list of seizure;

1. Data after each posting and capturing comments on comments;

1. Application of Acts and subordinate statutes to a investigation report (the identification of the Internet subscriber with respect to the record), investigation report (the confirmation of the suspect A’s communications with the suspect A’s grams);

1. Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Defamation of False Facts) concerning criminal facts and the Criminal Act.

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