beta
(영문) 서울서부지방법원 2014.04.16 2013고정2802

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In spite of the fact that anyone cannot repeatedly reach another person with any codes, language, sound, image, or motion picture that arouses uneasiness or fear by using an information and communications network, the Defendant, from June 1, 2013 to June 18:56, 2013, sent the victim’s cell phone “G number using the Defendant’s cell phone”, etc., in an uneasible place, and sent the victim a letter 41 times in total, as shown in the annexed list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. H’s testimony;

1. A complaint;

1. Application of Acts and subordinate statutes on the screen by capturing letters;

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. for Criminal Facts and Selection of Fine)

1. The defendant and his defense counsel also asserted that the defendant and the defendant sent text messages, such as "a person who knows about the issue of personality," "a person who knows about the issue of personality," "snicker," "snicker," "snicker," "snicker," and "snicker," by manipulating the call number between the defendant and the defendant from June 1, 2013 to 13:43, and the victim H expressed that the defendant's sending text messages to the defendant does not constitute a case where the defendant's sending text messages which cause anxiety unilaterally.

Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. impose punishment on “a person who repeatedly sends words, etc. causing fears or apprehensions to other persons through an information and communications network,” and the text that arouses fears or apprehensions.