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(영문) 수원지방법원 성남지원 2015.11.27 2015고정771
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On November 2014, the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) committed a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (hereinafter “Act”) with a text message consisting of a cell phone, such as E, an employee of the beauty room operated by the victim, and F, which is the seat of the victim, for the purpose of slandering the victim D. The Defendant damaged the honor of the victim by openly pointing out the text message by sending the text message “....” From now on the 1st day of 2014, the back North Korea, which is the back of the victim, was the back of the case of Da Do-dong and the back of the case of Do-dong, Do-dong, and Do-dong, Do-dong, Do-dong, Do-dong, and Do-dong, Do-dong

2. Around November 18, 2014, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (hereinafter “Information and Communications Network Utilization and Information Protection Act”), which is the Defendant’s residence located in Seongbuk-gu, Sungnam-si, B, and that no one repeatedly sent to the other party any codes, text, sound, image, or image that may cause fear or apprehension through an information and communications network, despite the fact that no one repeatedly sent them to the other party, it is thought that the victim’s cell phone Kakaoooox will be seen as if the victim’s cell phone would be expected to bring about the occurrence of fear or apprehension. The Defendant repeatedly transmitted the text that arouses fear or apprehension through the same method from December 26 of the same year to the point of view.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes to evidential materials (No. 3 lists of evidence) of the complainant;

1. The act of causing fears under Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning facts constituting an offense;

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