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(영문) 서울중앙지방법원 2018.05.09 2017고단8744
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

A defendant shall be punished by imprisonment for 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

around 08:56 on June 16, 2016, at the Defendant’s residence located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant connected the Internet file sharing site (on.co., Ltd.) using a computer, and posted 19 copies of photo files containing the face of E, the front State’s representative, using the title “C” on the bulletin board of the above site, i.e., “C.,” and then posted 19 photo files containing the sex-related photographs of both men and women or the female’s sound part of the photograph exposed to the photo. From around that time to February 14:00, 2017, the Defendant posted 24 pro rata female sports players and the Korean players’s synthetic photography on a total of 18 occasions as indicated in the list of crimes.

Accordingly, the Defendant posted public false information through an information and communications network to defame victims, and distributed obscene images to the victims, as the victims entered in the list of crimes in the attached list of crimes have taken a photograph of an exposed body, such as sexual relation pictures and sound, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic History Report - Confirmation of Facts of suspicion - Confirmation of intent of a person suspected of committing a synthetic photograph - Confirmation of intent of punishment of the person suspected of committing a crime - With respect to hard diskss and hard diskss submitted, the circumstances of production of synthetic photographs of the person suspected of committing a crime - Confirmation of the details of damage by victim - Attachment, such as the place of the crime, and

1. List of website bulletin boards (3) and photographs (4) of downloaded materials (4) and a statement of intent to punish victims (6)

1. Application of statutes on records of seizure and lists of seizure;

1. Article 70 (2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (a point of spreading obscene materials) concerning facts constituting an offense;

1. Trade name;

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