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(영문) 수원지방법원 2019.06.13 2019고정215

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

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 motion picture that arouses fear or apprehension through an information and communications network.

On September 5, 2017, the Defendant sent a text message to the Defendant’s home located in the Suwon-si apartment district B, stating that “I would know about how you want to see and block the Defendant’s cell phone (E) from the victim D’s cell phone (C) using the Defendant’s mobile phone (E). The Defendant sent a text message to the extent that I would know about how you want to see and block the Defendant’s cell phone (E). By today’s day, I would have to see the Defendant’s cell phone number until you find it front of the Neow’s house, and it would be so long as you want to see, but only if you will see, she will see

In addition, from June 8, 2017 to February 17:56, 2018, the Defendant sent text messages over a total of 40 times as indicated in the annexed crime list, thereby allowing the victim to reach the victim repeatedly by repeatedly using the information and communications network the text creating apprehensions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on filing a complaint (including a photograph and a photograph of the details attached), details of letters, etc.;

1. Relevant legal provisions and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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 of the provisional payment order;