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(영문) 수원지방법원 2016.12.08 2016고단5301
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to a live disorder.

1. On June 22, 2015, the Defendant, at around 22:48, in the DPC bank located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon on June 22, 2015, connected the Defendant’s ID to E, a criminal minor, to the Defendant’s Internet website bulletin board, and the victim F, despite the fact that he/she had sexual assaulted the Defendant and two children, ordered E to publish a letter stating that he/she had sexual assaulted the Defendant and two children under the title “Ieman liquor tax and liquor tax” and ordered E to publish a letter stating that “Ie the Plaintiff’s sexual assaulted the Defendant and two children, even with the son’s son’s son and son’s son’s son’s son and son’s son’s son’s son and son’s son’s son’s son,” thereby revealing the Defendant’s reputation through an information and communications network.

2. On June 24, 2015, the Defendant of the crime committed on June 24, 2015: around 23:01, at the HPC room located in Gangseo-gu Seoul Metropolitan Government, instructed ASEAN to publish the article with the title “I want to have a balanced life,” in the same manner as that described in paragraph 1, and ordered E to do so. It was held with a hospital called I Hospital. In addition, I had this title had the I Hospital. It was our house.” For the purpose of slandering by posting a letter, “I have had a public falsehood through information and communications network, I have damaged the honor of the Victim F by revealing the fact that I want to have a secret life.”

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of the police statement concerning F;

1. Statement of the police statement concerning F;

1. A complaint filed by the F;

1. Shotfafics of the Internet;

1. Notification of the result of the case disposition;

1. The response to a request for the provision of communications data (connection records);

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