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(영문) 울산지방법원 2018.09.21 2018고정761

정보통신망이용촉진및정보보호등에관한법률위반등

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

At the time of wintering 2017, the Defendant became aware of the victim in the course of visiting the real estate office of the victim B (V, 50 years old at that time) to sell the house and requesting the sale of the house.

No person shall repeatedly send any codes, text, sound, image, or picture that arouses fear or apprehension to any other person.

Nevertheless, on May 23, 2018, the Defendant sent the victim’s mobile phone (E) using the cell phone (F) at the Defendant’s residence in Yangsan-si C lending D on May 23, 2018, and then sent the victim’s mobile phone (e) with a text message stating that “I wish to gather whether I would like to be punished because I would like to get the victim’s mobile phone (F).”

6. From September, by means of the same method, the victim sent text messages to the victim 73 times in total, as indicated in the list of offenses, thereby allowing the victim to repeatedly reach the victim’s text that arouses fear or apprehension.

The defendant of "2018 High 762" is a certified broker, and the victim G is a person who has become aware of while engaging in the same type of business.

A. On May 25, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent text messages to the victim G’s cell phone (number : E) with his/her cell phone (number : H) on the following occasions: (a) on May 25, 2018, the Defendant sent the victim G’s cell phone (number : E) with the victim’s cell phone, “mar who does not have her chest, multi-emitting” and met his/her sexual desire by sending text messages to the cell phone, which is a communication medium, and caused the victim’s sexual desire and a sense of sexual humiliation and aversion.

B. On May 26, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a telecommunications medium) stated in the victim G’s cell phone (number : E) using his/her cell phone (number : H) in an insular phone (number) located in the victim G at a sular phone (number : H), and the Defendant’s age.