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(영문) 대전지방법원 2014.09.15 2014고단1365

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged: (a) the Defendant came to know of the fact that he was a male-parent body and a male-parent body who was boomed from around 2009 to around 2012, and then came to know of the fact that he was in the process of teaching with the victim C; (b) around January 5, 2014, the Defendant installed “D” as a mobile phone with the victim’s mobile phone; (c) opened the victim’s mobile phone with the victim’s mobile phone; (d) made the entry of the items of membership as “E”; (d) the victim’s sex ( females), age (27), region (V), occupation (V), and key (160) as indicated in the victim’s cartox itself; and (d) removed the victim’s photograph recorded in the Kakaoox, and stored it on the professional pen’s photograph.

From around that time to January 6, 2014, the Defendant, while holding the above pro ratas with men who reported and connected the above protrudings on the pertinent “D” website, introduced them as if they were the victims, leading them to finding the other party to the teaching system. As the name of the victim and the mobile phone number were to be one of the victims, the Defendant informed the several other men, such as Adid “user”, “Ethn”, and “Ethn”, as if they were one of the victims, and the other male knew of the fact to the victim, thereby impairing the victim’s reputation by revealing publicly false facts via an information and communications network for the purpose of slandering the victim.

2. In order to establish a crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) by revealing a false fact openly via an information and communications network with intent to defame the victim, thereby damaging the reputation of the victim, the requirement is that the statement of fact will be damaged by the “

Therefore, according to each evidence of the prosecutor's submission, the defendant installed the "D", which is a mobile introduction counter, in the mobile phone of the defendant, and set the ID on the items of membership as "E", and then set the victim's personal information on the above site.