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(영문) 대전지방법원 서산지원 2013.05.02 2012고정588

정보통신망이용촉진및정보보호등에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall make any codes, words, sound, image, or motion picture creating fear or apprehensions reach another person repeatedly through information and communications networks;

On July 26, 2012, the Defendant sent a text message to the victim C’s cell phone from the Defendant’s house at Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, that read, “I chip chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, and chip, at a charnel house in advance.” In addition, the Defendant sent a text message to the victim as described in the attached list of crimes.

As a result, the Defendant repeatedly sent text messages that cause fears or apprehensions through information and communications networks to the victim.

2. No person who violates the Telecommunications Business Act shall forge or falsely indicate a caller's phone number while making phone calls for the purpose of making financial profits by deceiving other persons or of harming them by verbal abuse, threats, sexual harassment, etc.;

피고인은 2012. 7. 25. 19:01경 충남 당진시 B 피고인의 집에서C의 휴대전화로 “걸레같은 년, 참 뻔뻔도하다”라는 내용의 문자메시지를 보내면서 발신자를 C의 남자친구인 D의 연락처(E)로 변작하는 등 별지 범죄일람표 연번 1, 3, 8, 10, 12 기재와 같이 전화번호를 변작하였다.

As a result, the defendant changed the caller's phone number while making phone calls to C for the purpose of causing harm to verbal abuse, intimidation, harassment, etc.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Contents of receipt of text messages;

1. Application of each reply statute;

1. Article 74 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selective punishment;