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(영문) 수원지방법원 2015.07.23 2015고정1462

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehension through an information and communications network to reach the other party.

Nevertheless, on December 24, 2014, the Defendant, on the ground that the victim B unilaterally notified the victim B of his distinction, created fear and apprehensions by the victim by repeatedly reaching the victim. The Defendant created a cell phone message (Smms) with the following purport: (a) from December 24, 2014 to January 11, 2015, 16:48: (b) “A man who wishes to commit suicide in the presence of the victim; (c) a man who attends the seat of the width along with the width is dead; and (d) “A man who finds a man who lives in the body of his or her body of his or her body of body of body of his or her body of body of body of body of his or her body of body of body of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning data cutting down;

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. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment shall be partially reduced by reducing the amount of fine determined by the summary order, taking into account the following: (a) the defendant recognized his mistake and reflects his depth; (b) the defendant has no record of being punished for the same kind of crime; and (c) the relationship with the victim after the instant case is organized; and (d) the victim