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(영문) 서울중앙지방법원 2014.01.16 2013고정2933

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

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

On October 23, 2012, the Defendant sent a text message to “A victim’s I mobile phone using the Defendant’s H mobile phone, i.e., having established an internal relationship with the Defendant’s wife from February 19, 201 to December 19, 201, by sending text messages over a total of 190 times until December 19, 2012, i.e., the Defendant sent it to the Defendant’s wife, by sending text messages over a total of 190 times as indicated in the list of crimes committed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of text messages and the statute governing Messenger’s particulars on workplace;

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 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;