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(영문) 서울북부지방법원 2013.03.21 2013고정107

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, on April 4, 2012, the Defendant sent text messages to the victim D’s cell phone using a mobile phone at the Defendant’s workplace located in Scheon-si, Macheon-si, with the victim’s cell phone “Before the two-year-stenthic surgery is deemed to have been performed,” and, on April 4, 2012, from around 19:28 to May 12:20, 2012, the Defendant sent text messages to the victim’s cell phone using the same method 28 times in total as indicated in the list of crimes in the attached list of crimes, thereby repeatedly reaching the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on data capturing messages;

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;