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(영문) 대전지방법원 2017.04.21 2017고정326

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The defendant became aware of the victim C (M, 34 years old) who was North Korean defectors through the marriage information company as a person who operates the static point of the trade name B.

Although no one may repeatedly send codes, language, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other party, the Defendant brought an accusation against the victim as sexual assault on September 3, 2016 to 22:07 of the same day, and on the ground that the victim brought an accusation against him/her, the Defendant continued to repeatedly deliver text messages, such as “The family members in North Korea, have to be informed of their personal information at the Embassy stationed in China, to the extent that they were faced with the victim’s sexual assault.”

Summary of Evidence

1. Statement by the defendant in court;

1. C Complaints;

1. Application of the statutes governing the details of letters sent to the victim by the victim;

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

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;