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(영문) 서울서부지방법원 2016.11.30 2016고단2957
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
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A defendant shall be punished by imprisonment with prison labor 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

Punishment of the crime

On June 2016, the Defendant was aware of the victim D (the age of 36) who was a user of the same game while making ‘C', which is a smartphone fishing game.

1. Around July 2016, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution) demanded the victim to show the chest and fry of the victim while making a video call with the victim via mobile phone Ethical phone, and accepted the Defendant’s continuous demand, and kept the video in a photograph without the victim’s consent, which led the victim to not contact with the victim, on the ground that the victim was contacted even though the victim was forced to not contact with the victim on August 2016, 2016. However, the Defendant attempted to spread the victim’s body photograph under his/her custody by posting it as the Defendant’s game protocol photo so that many and unspecified persons can be seen.

On August 19, 2016, at around 10:53, the Defendant posted one copy of the victim’s chest photo on the victim’s character ("F") photo column in his/her own residence, and around 10:55 on the same day, at around 10:55, the Defendant posted one copy of the victim’s body photograph, such as the victim’s 6 females and 3 females of sound photo, etc., and continued to allow many unspecified members using the said game to view the above photograph by posting one copy of the victim’s chest and one copy photograph on August 20, 2016.

Accordingly, the Defendant displayed obscene images openly through information and communications networks.

2. On the grounds that the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) was made in the same manner as Paragraph (1) and the facts are as follows: (a) the victim did not send the victim’s chests and sound photographs to the Defendant; and (b) the victim did not have made a false report to the police station; and (c) around 10:50-10:53 on August 19,

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