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(영문) 의정부지방법원 고양지원 2018.08.16 2018고단1174
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information and Communications Network (violation, etc. of Information and Communications Network) shall intrude into an information and communications network without legitimate authority

Nevertheless, the Defendant, at around November 2015, visited the Defendant’s residence located in the Sinju City, by using a mobile phone, visited the Defendant’s cell phone website, and then searched the victim’s ID and password by entering the name and e-mail address in the “ID and password search” column of the victim F who was born in the Dong-si, and answering questions for identification, and then accessed the victim’s ID and password by entering the victim’s ID and password searched into the NV account by accessing the NV website and attempting to attempt to affix the victim’s identity. The Defendant downloadd the victim’s pictures and video files exposed to NDB and his relative G.

Accordingly, the defendant infringed on the victim's information and communication network without legitimate authority.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

A. On November 2015, the Defendant opened an I Account in the name of “H” using a mobile phone at the sular seat of the Defendant on November 2015, and, with a view to inducing or meeting his/her sexual desire, “W according to how much he/she would be,” and “Brier,” with the aim of inducing or satisfying his/her sexual desire.

The message that causes sexual humiliation or aversion, such as “, sent to the victim so that it reaches the victim.”

B. On February 2017, the Defendant opened an influoral J account using a mobile phone at the fluoral site, and then connected the victim FJ with a view to inducing or satisfying his/her sexual desire, and “at least how much male-friendly test is.”

The text that causes a sense of sexual humiliation or aversion, such as “,” and sent it to the victim.

(c)

The Defendant’s cell phone and cell phone from November 27, 2017 to November 29 of the same year are the places specified in paragraph (1).

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