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(영문) 대구지방법원 서부지원 2021.01.14 2020고정525

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. The Defendant, in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) was aware of the relationship between the victim B and C Broadcasting channel, and around March 2020, the victim obstructed the Defendant’s Kakakao Kakao Stockholm message from the time room between the Defendant and the victim’s male and female job offers D, and subsequently, recorded the Defendant’s statement that “I would have known that I would have now come to know that I would have come to the Defendant’s front male and female job offers,” and sent it to C Broadcasting channel with approximately 300 viewers viewing.

Accordingly, the defendant damaged the honor of the victim by openly disclosing facts through information and communication networks with a view to slandering the victim to the effect that the victim's identity extends over the two-way names.

(b) No person who violates the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall distribute information with a content that arouses fear or apprehension through an information and communications network to reach other persons repeatedly in the form of code, text, sound, image, or picture;

Nevertheless, the Defendant’s cell phone from April 11, 2020 to December 17:58 of the same month between 09:21 to April 11, 2020, as indicated in the list of crimes in the attached Table B, as the victim’s cell phone.

“Along with the absence of any disturbance, we sent letters and Kakao Stockholm messages on seven occasions in total, including “NOMCY”, “NOMCY”, and “I Musustrayy”, so that the text that arouses fear or apprehensions to the victim repeatedly reaches the victim.

2. The facts charged of this case are crimes falling under Article 70(1) and Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc., and Article 70 of the same Act.