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(영문) 광주지방법원 2012.12.13 2012고정2438

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 20, 2012, the Defendant sent a voice message stating “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

From around that time to 00:45 on the same day, the Defendant sent the voice message to the victim’s cell phone via the aforementioned method as indicated in the annexed crime list, thereby repeatedly reaching the sound causing fears or apprehensions to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime (generality and choice of fines);

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;