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(영문) 울산지방법원 2016.12.01 2016고정822

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No one shall allow anyone to repeatedly reach another person with words causing fear or apprehension through an information and communications network.

On May 31, 2015, the Defendant sent the victim C, who was aware of the past study in China, through the Defendant’s SNS, the phrase “Isk North, “Iskh, Iskhn, Isknh, SNS, Isknh, saying, Iskhn, Iskhnhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh, if Ishhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

By doing so, the Defendant reached the other party repeatedly through the information and communications network the text that arouses fear or apprehension.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on SNS for the submission of victims;

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

1. Selection of fines;

1. Articles 70 (1) 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;