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(영문) 대전지방법원 천안지원 2013.11.14 2013고정885

정보통신망이용촉진및정보보호등에관한법률위반

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 distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or motion picture.

Nevertheless, at around 19:15 on April 27, 2013, the Defendant sent a text message to the victim B’s mobile phone, stating, “I am able to wait for less than her if you are without any doubt, where you have to go earlier than 15 years early,” and reached repeatedly a total of 23 times until 09:45 of the same month, as indicated in the attached list of crimes, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the statutes governing text data received by victims;

1. Relevant legal provisions and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;