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(영문) 수원지방법원 여주지원 2018.08.24 2018고단177
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of the Use of Information and Communications Network, Information Protection, etc., Promotion of the Use of Information and Communications Network, Information Protection, etc., or Information Protection, Etc. (obscenity) shall conceal any false fact openly through an information and communications network to defame any third person, defame any third person, or distribute information with an obscene image, etc. displayed openly through an information and communications network, with intent to defame any third person;

Nevertheless, on May 2017, the part of the facts charged that “the Defendant openly damaged the reputation of the victim E through an information and communications network for the purpose of slandering the victim E” is that the victim E’s agent did not want the Defendant’s punishment, and posted the victim E’s b body pictures and sexual intercourse photographs and sexual intercourse photographs with the face of the victim E (the 16-year-old age-) and displayed them openly through an information and communications network. In this part of the facts charged, the Defendant stated that “the Defendant displayed obscene images via an information and communications network for the purpose of slandering the victim E in five times by making false statements on the fact that he/she took advantage of his/her real name, school in school, mobile phone number, and rape.” As such, the part of the facts charged that “the Defendant openly damaged the reputation of the victim E through an information and communications network for the purpose of slandering the victim E is not subject to the Defendant’s punishment, and thus, the Defendant’s agent’s act of promoting the use of information and communications network and information protection should not be dismissed.

The name of the Victim F (L, 16 years old), the name of the Victim F (L, 16 years old), the school at school, and the false facts that enjoy sexual relations, are written, and one file containing the face of the Victim F is posted on the photographs and sexual intercourse photographs of the influent women, respectively.

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