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(영문) 서울북부지방법원 2018.04.19 2018고정291

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of a church, such as the victim B (son, 37 years of age).

On May 9, 2017, at around 14:18, the Defendant posted a letter that slanders C President candidate at the Kakao Scaro Sato, and posted a statement that “I seem to have a lot of problems from around to around 15:36, on May 9, 2017, the Defendant sent a statement that “I will see that I-C President candidate's fine is being raised more than once or more.” Accordingly, on May 9, 2017, the Defendant sent a warning that the male portion considered to be good flicked to be flick, from around 14:18, 2017 to around 15:36, 2017.

ㅋ” 이라는 댓 글을 게시한 일로 시비하게 되었다.

On May 9, 2017, the Defendant sent to the victim a total of 32 times by sending the victim a Kakao Scarto comments on the victim’s Kakao scaro comments on the foregoing day, and by sending the victim a mobile phone message from around that time to July 11:39, 2017.

As a result, the Defendant repeatedly sent a message that arouses fear and apprehension to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of message details-related Acts and subordinate statutes

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

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

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