(영문) 인천지방법원 2015.11.10 2015고정931



Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.


Punishment of the crime

No one shall allow any person to repeatedly reach another person with words causing fear or apprehension through an information and communications network.

Nevertheless, while the Defendant’s wife was working in the Evalescent hospital at the victim’s request, the Defendant was able to commit an indecent act by F from the person F related to the Evalescent while working in the Evalescent hospital. On August 11, 2014, at around 12:26, the Defendant took advantage of the Defendant’s mobile phone at the office office located in the Namdong-gu Incheon Metropolitan City, Seoul, the victim’s cell phone with the victim’s cell phone, and the victim’s cell phone with the victim’s cell phone “the starting of the system.” The Defendant sent the E Hospital’s cell phone with the planning intention to commit an indecent act between three months, and sent a text of “to receive the payment for the Evalescent.” From that time to October 15, 2014, the Defendant reached the victim’s fear or apprehension through an information and communications network through a total of 11 times, as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing the statement made by witnesses D in the third protocol of trial;

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 and the selection of fines for negligence;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and his/her defense counsel send letters demanding the suspension of an act of interference to the victim during the process of collecting evidentiary materials in order to make a public interest report on the corruption, etc. in the establishment of a convalescent hospital, and it cannot be viewed as ① a statement inducing fear or apprehension, and ② the above acts of the defendant are to the extent acceptable by social norms.