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(영문) 서울북부지방법원 2014.02.12 2014고정84
모욕등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The injured party B is a person who opened a teleconcing room with “C” in the T-Sluri (www.Vsori.com) which is the Internet singing site, and operates a teleconcing room with “C” in a single-sing room, and the Defendant is a person who participates in the reconcing room with “D.”

1. On March 6, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity distribution) was connected to the said “TB” within his/her own residence located in Seongbuk-gu Seoul Metropolitan Government, and at the same time, was admitted to the hosting room opened by 60 persons at the time, and was participating in the hosting, indicated in the obscene video indictment by posting the victim’s sexual photo. However, this is obvious that it is an error in the “video,” and thus, is corrected as above.

B. A public display was made.

2. At around 00:37, Apr. 10, 2013, the Defendant: (a) accessed the said site at the same location as Paragraph (1) of the same Article; (b) entered the joint hosting room opened by the victim B; and (c) entered the joint hosting room with at least 66 persons at the time and participated in the joint hosting, thereby openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 74 (1) 2, Article 44-7 (1) 1 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 311 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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