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(영문) 수원지방법원 안산지원 2015.06.30 2014고단2729
무고등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

Defendant and Victim C, D, E, F, and G are people in the English debate meeting at H around 2010.

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

A. On December 13, 2010, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) against the Victim D by using a computer installed at the Defendant’s home located in Ansan-si I, 102, 306, 102, and 306 at the Defendant’s home on December 13, 2010, sent the e-mail of the content of the “C : D : content,” to the members of the above H, who have a relationship with the Victim D at the time of early learning, if the Defendant refused to be prosecuted as a sexual indecent act.

However, there was no fact that the victim committed a sexual indecent act by J.

In addition, from that time to May 10, 2012, the Defendant sent e-mail as shown in attached Table 1 at a total of nine times from that time, thereby impairing the honor of the victim by revealing openly false facts through the information and communications network for the purpose of slandering the victim.

B. Around July 21, 2011, the Defendant sent the e-mail with the victim F, which read, “To prevent the e-mail: (a) abortion; (b) abortion; and (c) sexual intercourse with D’s luminous; and (d) I wish to marry: at the end of the year; (b) I wish to enter into marriage: the Defendant’s violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) with respect to the victim F, to the members of the said H, who are in friendship with the victim F.

However, the victim did not have been raped with D and did not have been married with the defendant.

In addition, from that time to April 5, 2012, the Defendant sent e-mail as shown in the annexed Table 2, in a total of five times from that time, and damaged the reputation of the victim by revealing publicly false facts through the information and communications network for the purpose of slandering the victim.

(c)with respect to the victimE;

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