beta
(영문) 수원지방법원 2016.04.28 2016고정240

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant again requested the victim B (22) who previously returned to the Defendant, but the victim refused to communicate and avoided contact. From August 22, 2015 to September 23, 2015, the Defendant sent the Defendant’s text message 552 times to the Defendant’s cell phone and 158 times from September 26, 2015 to October 6, 2015, sent the Defendant’s text message 13 times from September 26, 2015 to the Defendant’s cell phone and continued to reach the victim by repeatedly transmitting it to the Defendant’s cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The application of laws and regulations on the details of Kakao Stockholm messages, the details of text messages, and the details of messages from Kakao North Korea;

1. Article 74 (1) 3 and Article 44-7 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;