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(영문) 서울북부지방법원 2017.04.21 2016고정2215
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall damage another person's information processed, stored or transmitted through an information and communications network, or infringe, use or divulge another person's secrets.

Nevertheless, the Defendant, at around September 2015, kept the files of D, etc. from C as a mail, and stored them on September 8, 2016, from around 10:45 to around 11:47 on September 21, 2016, divulged other persons’ secrets stored in the information and communications network on a total of four occasions by posting the contents of other persons’ Kakao Stockholm Stockholm, such as the conversation content between D and C, and the conversation content between E and C, as in the list of crimes in the attached Form.

Summary of Evidence

1. A statement to the effect that, in this Court, the Defendant posted the content of each Kakao Stockholm conversation on the Defendant’s Kakao Kakao Scaro SNS as indicated in the attached list of crimes

1. D Legal statements;

1. Application of the Acts and subordinate statutes concerning the data to capture a sign;

1. Article 71 (1) 11 and Article 49 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense under the relevant provision of the Act;

1. Selection of an alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's argument regarding the defendant's assertion under Article 334 (1) of the Criminal Procedure Act is asserted that D's act constitutes a justifiable act as provided in Article 20 of the Criminal Act, since D's act inevitably posted a letter that insults or defames the defendant, etc. by using his care, and thereby inevitably posted D's conversation to prevent damage.

The term "act that does not violate social norms" as stipulated in Article 20 of the Criminal Code refers to an act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, a certain act is a legitimate act.

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