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(영문) 대구지방법원 서부지원 2018.02.27 2017고단964
정보통신망이용촉진및정보보호등에관한법률위반등
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

On November 2014, the Defendant did not communicate with the victim C (W) who was aware of via the online game site “B” (W), and expressed a false writing to the victim on the online, and attempted to teach the victim on the online, and sentenced the victim to spread the obscene images of the victim given and received to the victim.

1. 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, at around 22:54 on November 11, 2016, the Defendant sent a message to the victim, using his/her mobile phone that the said victim C did not receive a telephone, stating that “I am e-mail is inappropriate and proper for I am to do so,” and then sent the message to the victim from that time until November 17:59, 2016, by transmitting the message of 20 times in total as shown in the attached Table 1 re-mail of the crime committed.

Accordingly, the defendant has repeatedly reached the victim's text that arouses fear or apprehension.

2. Around November 12, 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) and the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) brought about several males against the victim as if the victim was sexually disturbed even though he/she did not know of or have confirmed his/her sexual relation with the victim’s sexual relation, even though he/she did not know of or have confirmed it properly.

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