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(영문) 서울중앙지방법원 2018.11.01 2018고정922

정보통신망이용촉진및정보보호등에관한법률위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul High Court (Seoul High Court) and the judgment became final and conclusive on December 15, 2016.

1. On December 18, 2015, the Defendant violated the Act on Intimidation, Promotion of the Use of Information and Communications Network, and Protection, etc. of Information, etc., sent the Defendant’s mobile phone to the victim “(the age of 37) without contact with the Defendant,” and sent the victim a text message with the Defendant’s mobile phone that “I am bomb off without contact).” From that time until January 3, 2016, the Defendant sent the victim a total of 14 times from that time to January 3, 2016, by transmitting the same text message that would inflict any injury on the victim, or by telephone communications, and at the same time sent the victim a text message that would arouse fear or apprehension through an information and communications network.

2. Around 16:00 on January 3, 2016, the Defendant invaded upon the victim’s residence by following the entrance door of the Yeongdeungpo-gu Seoul Metropolitan Government building C, and then invaded upon the victim’s residence by the elevator up to E’s residential corridor, which is the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement made by each public prosecutor with respect to B;

1. Complaint;

1. Copies of text conversations between the suspect and the complainant; and

1. Previous convictions in judgment: Inquiry about criminal history, details of inquiry about case, and application of the text of judgment;

1. Article 283 (1) of the Criminal Act (the point of intimidation), Article 74 (1) 3, and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. (the point of repeated transmission of the text that arouses fear or apprehension) of the relevant criminal facts, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to the crimes of intimidation and the crimes of violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.);

1. Selection of each alternative fine for punishment;

1. The Criminal Act dealing with concurrent crimes;