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(영문) 전주지방법원 2018.06.27 2018고정111
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person's confidential information.

Nevertheless, on September 6, 2017, the defendant, at the victim D's house located in the Gunsan-si C, used the victim's cell phone diving password, which was known to the usual meeting without the victim's consent, and then released the victim's mobile phone diving function, and then perused the victim's sexual intercourse, such as sexual relationship, which was divided into E, etc., and posted it on the defendant's Facebook account around 16:00 on the same day after photographing the contents.

Accordingly, the defendant infringed another's secret processed and stored through the information and communication network, and divulged it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the screen by cutting down a page north of the screen;

1. Relevant Article 71 (1) 11 and Article 49 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense (an infringement and leakage of another person's secrets kept in custody through an information and communications network, and selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances in which the sentencing of Article 334(1) of the Criminal Procedure Act is advantageous to the sentencing of the Criminal Procedure Act: The circumstances favorable to the Defendant include: (a) the Defendant repents his or her mistake and reflects his or her depth; (b) the primary offender; and (c) the victim does not want the punishment of the Defendant.

The crime of this case was committed in an unfavorable manner: the defendant's unlawful perusal of the contents of the Kakao Stockholm conversation of the victim who had a relationship with the victim, and disclosure of the contents that could considerably harm the reputation of the victim to the North Korean account is not good.

In addition, the records and trial process of this case, such as the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, and circumstances after the crime.

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