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(영문) 제주지방법원 2017.06.22 2017고단583
무고등
Text

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

Reasons

Punishment of the crime

On the third degree of intellectual disability, the Defendant became aware of the victim C (25 tax) through “D” on the Internet page 2-3 years prior to the 2-3 year period, and was in contact with the victim by means of text messages, etc.

1. On April 21, 2016, the Defendant stated the purport that, “Around March 12, 2016, H Hospital 1st floor in Jeju-si, H Hospital G in Jeju-si, the Defendant indecently committed an indecent act by talking on the victim’s chest and sound part against the victim’s will against the victim’s will at the first floor of H Hospital 01:00, the Defendant sent a fixed amount photograph to the complainant via the Kakao Stockholm Stockholm on March 18, 2016.”

However, the facts indicate that the Defendant promised to engage in a sexual intercourse through C and Pins North, and then met C at H hospital in which the Defendant is hospitalized, and C was not subject to forced indecent act by deceiving the Defendant’s body with the Defendant’s consent, and that C was not subject to forced indecent act. The Defendant first recommended C to engage in the act of self-defense, and sent a fixed amount of pictures, such as sending pictures that cause sexual interest, such as a photograph exposed to the female’s body while soliciting C to engage in such act.

Transmission of message to the purport that the message was sent by C to receive a fixed amount of photograph.

Nevertheless, for the purpose of having C punished criminal punishment, the defendant submitted a written complaint stating the above to the police officer who is a public official and reported the above false facts.

2. Violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.;

A. On May 2016, the Defendant posted a photograph of the Defendant sent to the Defendant by the victim along with personal information, such as the name and age of the victim, at the 5-6 Kakao Stockholm Stockholm conference room in the Defendant’s house located in Jeju Island, with the intent of slandering the victim C from the Defendant’s house located in Jeju Island. The Defendant posted a photograph of the Defendant’s sperm sent to the Defendant by the victim along with the victim’s name and age.

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