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(영문) 부산지방법원 2015.08.20 2014고단10106

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, at the Internet site C, is a person who works in Adi “D” (E) and Twitter (twitter.com) as Adi F (E), and mainly took Korean people, and praises Japan.

On April 16, 2014, the Defendant was carrying 476 passengers, including 304 victims, who had been on the 476 passengers of Incheon, and was in contact with G's sinking accident toward Jeju, and around 15:50 on the same day, at the Defendant's residence located in Seo-gu Busan, Seo-gu, Busan, the Defendant’s bulletin board called “her parents who are on the sinking of a passenger ship.” On the bulletin board of the C, which posted the letter of Pyeongtaek, the Defendant “WW self-employed children of the Republic of Korea.” On the www, the Defendant publicly insultingd the victim’s family members, including the father of the JJ, who were confirmed missing or who were dead at the time.”

In addition, from that time until May 12, 2014, the Defendant, using the above C bulletin board or Twitter, thereby damaging the reputation of others by openly exposing any false fact via an information and communications network with a total of 12 times, such as the list Nos. 1 through 9, 14, 15, and 16, G victims including the above J, the bereaved family members of the victims of the above K, etc., the bereaved family members of the victims of the above K, etc., or L, M, which is the inside the military of Japan, or the inside the military of Japan.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. Investigation report- Results of execution of a warrant of seizure;

1. Application of Acts and subordinate statutes to printed materials on a twitter posting on the website of a person under internal investigation, a warrant of seizure, a reply to a warrant of seizure, a communication confirmation statement, a website of a person under internal investigation, and a printed materials on the screen of a twitter posting on the website

1. Article 311 of the Criminal Act; Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; the choice of imprisonment for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Aggravation for concurrent crimes;