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(영문) 서울북부지방법원 2018.04.20 2018고단426

정보통신망이용촉진및정보보호등에관한법률위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is able to teach with the victim D (the victim 46 years of age) and about 10 months of age.

1. On September 29, 2017, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc.: (a) sent the victim’s mobile phone to the victim’s mobile phone using his/her own mobile phone, stating that the victim did not have any contact after notifying him/her of his/her separate contact; (b) the Defendant sent the victim’s text messages to “the victim is unable to cope with whether he/she will be a brut,” and (c) from around that time to October 4, 2017, the Defendant repeatedly sent the victim’s text messages causing fear or apprehensions over 31 times in total, as indicated in the list of crimes in the attached Table.

2. The Defendant, using his/her mobile phone from around 14:18 to 15:02, made a printed object with the victim’s mobile phone from around 14:18, 2017, “to create the substance of the width as a printed object and to no person suffering from damage caused by width,” and “to divide it into part of the area surrounding the capital market,” and “to create a printed object with the victim’s improper relationship with the president of the wife with his/her bad wife and the president of the capital market.”

Along with the fact that a person who can become a governance straw is sent to a studio, thereby creating a printed material that damages the reputation of the victim, the victim was fluent and threatened with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to report internal investigation (related to attaching text messages) and investigation reports (referring to submitting documents, etc. to victims);

1. Article 74 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., Article 74-7 (1) 3 and Article 44-7 (1) 3 (a repeated transmission of letters causing fear or apprehension), Article 283 (1) of the Criminal Act, and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.