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(영문) 서울동부지방법원 2016.12.22 2016고단3475
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant committed a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) against the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) with a view to posting a letter that defames the victim on a Kakao Stockholm’s TV room,

Around April 2016, the Defendant posted a notice on the Kakao Kakao Stockholm Room room in which approximately 10 persons use a mobile phone for the purpose of slandering the victim at the Defendant’s house located in Seongdong-gu Seoul, Seoul, and then damaged the reputation of other persons by openly exposing facts through an information and communications network for the purpose of slandering the victim three times in total, such as the list 1 of crimes committed during the period from around that time to July 6, 2016.

2. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. shall allow anyone to reach the other party repeatedly by means of information and communications networks.

On June 1, 2016, at around 12:35, the Defendant sent the victim a message that “all pictures and videos sent to the victim,” using the instant Defendant’s house, and had the victim repeatedly reach 77 times in total, as indicated in attached Table 2, a total of 77 times from around that time to June 14:13, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes, such as the screen, etc. of a message closure and the screen of a closed message;

1. Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts, the relevant provision of the relevant Act and Articles 74(1)3 and 44-7(1)3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. for the Selection of Criminal Facts, and the choice of imprisonment with labor for each type;

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