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(영문) 부산지방법원 2018.02.08 2017고정2434

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No one shall allow anyone to reach another person repeatedly in the form of code, language, sound, image, or picture that arouses fear or apprehension through an information and communications network.

On July 3, 2017, at around 14:49, the Defendant: (a) at the main point at the entrance of the Busan Dongdong-gu B Park, Busan, the Defendant was unable to comply with the Defendant’s demand for installation of an emergency exit and leakage construction at the time of operating a amusement room; (b) he heard that the Defendant completed the foregoing construction and leased it to another person; (c) the Defendant’s cell phone using the Defendant’s cell phone, which was a criminal record due to the need to unsatisfy with the victim’s cell phone “A” with the victim’s cell phone, which was set as a deposit and carried out at the rate of 10% from that time to July 19:27, 2017; and (d) the Defendant sent a text message stating “A” with the victim’s cell phone, which was set as a deposit, which was closed at the rate of 12% from that time to July 19, 2017.

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 to each investigation report (12 pages, 23 pages of investigation records, such as photographs, etc. of capturing a text message);

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 74-7 (1) 3 (Selection of Penalty) of the same Act;

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;