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(영문) 수원지방법원 안산지원 2017.11.29 2017고단3005
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

A. On September 11, 2015, the Defendant: (a) put up a photograph of the victim C’s face and upper half of his twitter account known to him by twitter (B); and (b) misrepresentate the victim, “Many female shall be off his panty; and (c) low C has the fixed side of his twitter.”

”, “ 광명에 살아 욥”, “ 집에 아무도 없어서 한껏 소리내며 딜 도를 썼는데 동생 방 불이 켜져 있다..”, “ 출근길 지하철에서 둘러싸인 채 만져 지고 싶다” 라는 글을 게시하여 피해자를 비방할 목적으로 정보통신망을 통하여 공공연하게 거짓의 사실을 드러 내 어 피해자의 명예를 훼손하였다.

B. Around July 9, 2017, the Defendant misrepresented the victim at the Twitter account and posted a photograph stating the victim’s face and top half of the body, and thereby impairing the victim’s reputation by disclosing any false fact openly via an information and communications network with the intent to defame the victim.

2. Violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity);

A. On May 4, 2017, the Defendant openly displayed obscene pictures containing the male’s sexual organ into the port door by a female of her body in the Twitter account.

B. Around July 9, 2017, the Defendant openly displayed obscene pictures that a female with her body was fluent in a male’s sexual organ in the said Twitter account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of the Act and subordinate statutes on Twit-wit notices, to capture obscenity posts, and to Defendant Twit-wit notices;

1. Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Facts constituting an offense, as well as the promotion of the use of each information and communications network, and the following:

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