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(영문) 서울중앙지방법원 2016.07.21 2016고단2059
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who manages and operates the Internet homepage (C) bulletin board.

A provider of information and communications services or a bulletin board manager shall, upon receiving an order from a broadcasting and communications service committee member to refuse, suspend, or restrict handling of information that is prohibited by the National Security Act, perform such order.

On July 14, 201, the Korea Communications Commission received a request from the Commissioner General of the National Police Agency for a restriction on handling information on 20 items of information, which is an act prohibited by the National Security Act, by praiseing or publicizing North Korea posted on the B website, and requested the Broadcasting Communications Deliberation Committee to deliberate on the above information on July 14, 201. On July 18, 201, the Broadcasting Communications Deliberation Committee made a resolution to delete the relevant information and requested the Defendant to correct it to the operator or operator of the B bulletin board, but the Defendant did not comply with the request by November 15, 201.

Since then, around November 15, 201, the Defendant: (a) posted “D” on the bulletin board of B’s website from October 12, 2010 to April 15, 201, on the bulletin board of B’s website; (b) posted 20 items on the bulletin of attached crimes, such as “D,” etc., constitute information that conducts an act prohibited under the National Security Act, in terms of the praise or propaganda of North Korea, which is an organization of anti-state, such as describing E as a guide, and introducing the friendship between the principal ideology and the military politics; and (c) thus, the Defendant was ordered by the Broadcasting and Communications Commission to refuse to handle the pertinent information by November 23, 201, but did not delete it, thereby failing to comply with the said order.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Requests for cooperation related to restricting the handling of illegal information on the Internet, notification of the results of deliberation by each Broadcasting Communications Deliberation Committee, and refusal to handle information under Article 44-7 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc.;

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