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(영문) 서울서부지방법원 2014.11.06 2014노866

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

The judgment below

The guilty portion shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. On November 1, 2012, the Defendant sent a text message to the victim’s cell phone (F No.) stating that “I will see the President’s thickness and sing down. 200 million won. I will go back. I will go back. I will go back. I will go back. I will do. I will go back with the back. I will go back. I will go back.” On the same day, I sent a text message to “I will send a first one million e-mail e-mail e-mail -, and then sent a text message to the victim’s cell phone (F No. 1) around 20:16 on the same day on the second day on the second day on the third day, I sent a text message to “I will promptly report to the Cyber Investigation Team.”

5. Around 20:51, N.W. sent text messages stating “The President and N. N. N. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W.

6. At around 10:40, a text message was sent to Samsung, El, SK, Sk, scco, etc., stating that “The evidence to send illegal e-mail using the soft server that has been illegally collected and stolen” was recorded in USB and sent to Samsung, El, Sk, Scco, etc.

As above, the Defendant repeatedly sent a victim with an article creating uneasiness through the information and communications network.

B. The lower court found the Defendant guilty of the facts charged based on the Defendant’s legal confession and the evidence of the lower court.

2. The gist of the grounds for appeal is as follows: (a) the Defendant: (b) the Defendant provided text messages with the victim in a situation where the company operating the victim collected a large amount of e-mail address on multiple Internet page in an unlawful manner and exchanged them with the victim, but did not have any intent to cause uneasy for the victim; (c) the Defendant also did not have the victim