logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.28 2016고단6175
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization and Information Network, etc.) was prohibited from infringing on an information and communications network beyond the authorized access authority or beyond the permitted access authority on March 2, 2016, the Defendant, at around 18:00 on March 2, 2016, connected the screen using a computer located in his/her own residence, Dongjak-gu Seoul Metropolitan Government B Apartment 207 Dong 1208, thereby entering the victim D’s C ID and password in the past relationship with the victim’s account.

Accordingly, the Defendant infringed on the information and communication network without access authority.

2. A person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "Act on Promotion, etc.") and the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc. (hereinafter referred to as the "Act on Promotion, etc.") shall not display photographs openly against his/her will, even if it does not go against the will of the person subject to filming at the time of photographing another person's body, which may cause sexual humiliation or shame by using machinery and

Nevertheless, on October 24, 2015, the Defendant posted a “the photograph of the victim’s soon after entering the victim’s sexual organ,” which was taken by using the cell phone camera function with the victim’s consent, as the victim’s C protruding photo, at the same time and time as described in the foregoing paragraph (1), at the same place.

As a result, the Defendant openly displayed photographs against the victim’s will, while openly displaying obscene images via information and communication networks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Records of seizure and the list of seizure;

1. Application of the Act and subordinate statutes, such as a propyo photographs to a propyo, etc.

arrow