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(영문) 서울북부지방법원 2013.03.12 2013고정421
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 13, 2012, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) (hereinafter “Information and Communications Network Utilization and Information Protection Act”) posted an article to the effect that the victim would not receive child support by exposing the Internet portal at the home of the Defendant’s head of Dobong-gu Seoul apartment 101 Dong 702, 702, and revealing facts to the effect that “the former wife would file a complaint”), thereby impairing the honor of the victim by openly revealing the fact to the effect that the victim would not receive child support.” From that time until May 3, 2012, the Defendant posted an article by the same method three times as indicated in the attached list of crimes (1) and damaged the reputation of the victim via an information and communications network.

2. On July 27, 201, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent text messages to the Defendant’s cell phone number “D” used by the victim C using the Defendant’s cell phone at the Defendant’s home of Dobong-gu Seoul Metropolitan Government B apartment 101 Dong 702, and then repeatedly sent text messages “I do not have any stringer, E, E, E, E, and E, and I do not want to do so.” From that time until April 13, 2012, the Defendant sent text messages to the victim 39 times in total, as indicated in the attached Form No. 15:59, supra, until April 13, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Details of receipt of Handphones, and data about inquiries by a person who transmits Handphones;

1. Application of Acts and subordinate statutes by putting up a sign on each Internet;

1. The fact that Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the selection of an honorary damage and a fine), Article 74 (1) 3, and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the fact that a crime is committed, the fact that repeated transmission of the language causing uneasiness, and the fine;

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