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(영문) 대구지방법원 2015.06.16 2015고단2185

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

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.

On April 21, 2014, at around 09:46, the Defendant sent text messages to the victim C’s mobile phone using his own mobile phone at around 09:46, the Defendant sent text messages to the victim C using his own mobile phone at around 22 times from around that time to June 22:56, 2014, including the transmission of text messages with the effect that “if there is a large sum of money, the Defendant shall not be feasible feas,” which read that “the Defendant shall not be feasible feas,” the Defendant sent text messages to the victim two times, as in the list of crimes

As a result, the Defendant repeatedly sent sign, words, sound, image, or image that arouses fear or apprehension to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on a petition;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts;

1. Selection of an alternative fine (including serious reflectness, absence of previous record, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.