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(영문) 인천지방법원 2017.02.03 2016고정3675
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and the victim B were in the past relationship.

1. Around June 24, 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information (Defamation) (hereinafter “Defamation”) against four persons, including D, using a mobile phone from SNS “None Star Program,” using a mobile phone from 2.302, Nam-gu, Incheon, Nam-gu, Incheon.

“A person who was threatened to spread with a photograph with a brupter’s photograph as one of the brupts,” and “Is his 2-year private rights in only one month between the South and the South of Korea, and Efrang of Efri.

B. The instant Messenger sent the instant Messenger to the effect that the instant Messenger was slick.”

Accordingly, the defendant has damaged the reputation of the victim by exposing public facts through information and communication networks with a view to slandering the victim.

2. From June 2016 to June 12:11, 2016, the Defendant, using his/her mobile phone at the same place as above, lends his/her force to SNS if he/she is a decrison.

Kakao Stockholm message to the effect that “the victim’s cell phone was made and sent to the victim’s cell phone,” and on August 6, 2016, using his/her cell phone at the same place as, around 23:41, 201.

The Kakao Stockholm message was drawn up to the victim’s cellular phone to the effect that it would be “I am out of the world,” which would be seen as reliance on, and was sent to, the victim’s cell phone.

Accordingly, the Defendant threatened the victim by the above method.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of the conversation between Skyagram (Evidences) and the Kakao Stockholm dialogue (Evidences);

1. Application of Acts and subordinate statutes to each investigation report (referring to witness D, F, G, and H telephone investigation);

1. Article 70(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., Article 283(1) of the Criminal Act and Article 283 of the Criminal Act concerning criminal facts, the selection of fines, respectively;

1. The aggravated Criminal Act for concurrent crimes.

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