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(영문) 창원지방법원 통영지원 2018.02.22 2017고단1534
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2015, the Defendant: (a) indicated the victim B (here, 31 years of age) who was accompanying the same transfer admission in the same manner, but the victim refused to do so; (b) subsequently, (c) demanded the victim to continue to talk with the victim via Internet Paint North Korea from the end of August 2015, and (d) committed an act, such as demanding the victim to talk with the victim through Internet Paint North Korea; (b) having the victim's friendship, asking the victim's contact address.

1. On June 4, 2017, the Defendant posted a photograph of the victim that he/she acquired in a French manner on the Defendant’s website at a closed place (Defamation) and then read the victim as “O” in the name of the first love line in the past.

In addition, the article "Ma" was posted.

However, as above, there was only the fact that the defendant was rejected by indicating the victim's identification, and there was no fact that the victim intentionally continued to engage in the act of causing mental and physical damage, regardless of the defendant's will.

After all, with the aim of slandering the victim, the Defendant posted a false fact openly through an information and communications network, thereby impairing the reputation of the victim.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow anyone to reach other persons repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, on March 22, 2016, the Defendant sent the victim a long-term “long” page through the Internet page at a non-permanent place on March 22, 2016, and from that time, until April 17, 2016, the Defendant’s sending the victim a page to the victim 39 times in total, such as the list of crimes in the attached list.

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