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(영문) 수원지방법원 안양지원 2018.08.30 2018고단1060
무고등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network Utilization Act) and the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) committed an act of gathering the personal information of the victim, such as pictures, by accessing the victim’s C account by using the ID and password of the victim’s C account that he/she came to know when he/she was in the teaching process, as he/she went through the teaching process from October 2016 to April 2017, and the victim was not in monetary relationship between the victim B and the victim after he/she was in contact with the victim. As he/she was not arranged during the teaching process, he/she was willing to delete the letters and photographs posted by the victim by accessing D and E, post pictures and false comments after the victim’s sexual surgery, and by accessing the victim’s SNS.

(a) No person who violates the Act on the Use of Information and Communications Network and Information Protection, etc. (violation, etc. of information and communications networks) shall intrude into an information and communications network without legitimate authority or beyond permitted authority

On June 4, 2017, the Defendant without permission from the victim C, D and E accounts over 20 times from around 03:19 to October 24, 2017, as shown in the list of offenses, such as linking the victim to C accounts of the information and communications network, using the victim’s Caldi and password, which was known at the time when he/she provided with the victim during his/her teaching service, by using the victim’s Caldi and password.

Accordingly, the Defendant infringed on the information and communication network without legitimate access authority.

B. On October 6, 2017, at around 14:56, the Defendant made a statement of fact against the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation 1), following the victim’s sexual intercourse into the victim’s DNA account, as described in paragraph 15 of the aforementioned paragraph, at the Defendant’s residence of Dora F lending G, Dora, Dora, Dora, and posted a photograph immediately after the victim’s sexual intercourse surgery.

This purpose is to slander the victim.

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