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(영문) 서울북부지방법원 2012.08.16 2012고정379

정보통신망이용촉진및정보보호등에관한법률위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a student attending the second grade of the department E of D University.

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, on June 19, 201, the Defendant: (a) sent a white space to the victim F, who is the motive and motive of the Defendant, and was rejected; (b) sent a text message to the victim’s mobile phone (I) at around 05:49, on June 22, 2011, by accessing the Defendant’s model G website in the name of the Defendant’s type G; and (c) operated by KT as “H,” and operated the call number as “H”; and (d) sent the text message to the victim’s mobile phone (I) at around 05:49, July 24, 2011.

Accordingly, the Defendant repeatedly reached the victim's text that arouses fear or apprehension through the information and communications network.

2. On June 30, 201, at around 12:33, the Defendant drafted a text message “FI” using the Defendant’s mobile phone at a non-permanent location, and then sent it to the Defendant’s 10 cell phone students, including K (L) and thereby openly insulting the victim F.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of the police statement to K;

1. Details of the message inquiry;

1. Investigative Report (Attachment of Victim Data), Investigative Report (Submission of Additional Evidence by Complainant), Investigative Report (Involving the Statement of Inquirys, Confirmation of Respondents relative to KTFs), Investigative Report (Verification Report related to KT Reference Services).