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(영문) 대구지방법원 서부지원 2016.04.27 2016고정170
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscene materials) shall distribute, sell, rent, or openly display any obscene codes, text, sound, image, or motion picture through an information and communications network;

Nevertheless, on June 7, 2015, at the Defendant’s house located in Daegu Seo-gu, Daegu-gu, the Defendant published a photograph inserted by a male’s sexual flag into the female’s sexual flag on the “E” bulletin board, and displayed obscene images or videos openly through the information and communications network.

2. Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) posted a photograph with a man whose name cannot be known on the “D” bulletin board of the Victim F (F, 33 years old), which is a female, at the above date, at the above location, and damaged the reputation of the victim by inserting a photograph of the victim’s reading three copies, a man whose name is unknown, and a photograph taken by the victim, and the victim’s two pages, and then inserting a photograph as if the victim was sexually related, with a photograph of which the victim’s name cannot be identified, and then inserting the photograph as if the victim was sexually related, thereby impairing the reputation of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to supporting evidence of damage;

1. Article 74(1)2 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., Article 74-7(1)1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., Article 70(2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., and Selection of fines for each crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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