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(영문) 서울동부지방법원 2016.04.21 2016고정624
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

On December 17, 2015, while using a computer in the CPC room located in Seongdong-gu Seoul Metropolitan Government, the Defendant posted an obscene cartoon image at the hosting room to make it possible for the victim’s 15 Kakao Stockholm-gu Office to view the victim’s Kakao Stockholm-gu 15 in the situation where the “Kakao Stockholm Stockholm” account of the victim D (20 3, South Korea) using the aforementioned computer was streeted.

Accordingly, the Defendant violated the information and communication network beyond the allowed access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Data obtained by cutting down documentary evidence and text conversationss with the suspect;

1. Report on internal investigation (Evidence with data related to the CPC head and suspected suspect), investigation report (specific suspect);

1. Application of Acts and subordinate statutes, such as materials collected in CPC room;

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., of the relevant criminal facts (excluding punishment)

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59 (1) of the Criminal Act (see, e.g., that the criminal defendant is the primary offender and reflects his/her gender);

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