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(영문) 창원지방법원 2008.12.29.선고 2008고단4156 판결
가.정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)나.정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Cases

The Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc., 208

Bans (Defamation)

(b) Information and Communications Network Promotion Act;

Bans (obscenity obscenity)

Defendant

(61)*****************);

Residence omitted

Place of Registration omitted

Prosecutor

Stick-type vessels

Imposition of Judgment

December 29, 2008

Text

A defendant shall be punished by imprisonment with prison labor for one year; one day under confinement before the sentence is rendered shall be included in the above sentence: Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive; order the defendant to provide community service for 120 hours.

Reasons

Criminal facts

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

The Defendant, even though there was no celebry female entrepreneurs’ photographs or sexual activity photographs, etc., without being exposed to the face pictures and celebial photographs, etc. of female entrepreneurs, the Defendant made a synthetic photograph, which might be mistaken for the actual celebial or sexual activity of female entrepreneurs, and made it known to the Internet obscenity site as if they were active of the celebial or sexual activity. The Defendant made it known to him of the celebial celebial celebial celebial celebial celebial celebial celebial celebial celebial celebio***AAAAA site address of the Internet site whose members were exposed to the celebial celebial celebial celebial celebial celebial celebial celebial celebial celebal celeths, and made it known to the Defendant through an information network.

2. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection.

On April 20, 2007, the Defendant published and disseminated 75 times through the same place as shown in the annexed Table of Crimes (2) in the same manner at the same time from October 13, 2008, including 75 times as shown in the annexed Table of Crimes (2), *****’s photograph of Ma*’s face and name-to-face of Mano-so-so-so-so-so-so-so-so-so-called a female artist who is a female artist, by combining the two photographs exposed to the face and name of Ma-so-so-so-so-so-called **********’s site address omitted). The Defendant distributed obscene images through the information and communications network. Accordingly, the Defendant distributed obscene images through the information and communications network.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each investigation report (the attachment of data on the screen of a synthetic photograph taken by an artist, and the confirmation of additional crimes committed during the internal residence, with respect to punishment);

1. Requests for provision of communications data and replies;

Application of Statutes

1. Article applicable to criminal facts;

Articles 61(2) and 65(1)2 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 8778 of Dec. 21, 2007); Articles 70(2) and 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account that the defendant has no criminal history, etc.)

1. Social service order;

Article 62-2 of the Criminal Act

Judges

Judges Park Tae-il

(hereinafter 'crime inundation omitted')

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