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(영문) 서울서부지방법원 2017.07.14 2017고정118

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, the Defendant, at around 19:49 on June 15, 2016, sent a cell phone to the victim C with the cell phone located in the French area of Seoul and below, “n't n't n't n't n't n't n't n't n't s

C. He sent the word “Ma” with the content of “Woo-Jin-Jin-Jin prison or Ghana, seated in the Dok, Dok, and Dok, which caused damage to C, which would have caused the death.”

In addition, the Defendant sent repeatedly a text message that arouses apprehensions over 41 times from June 15, 2016 to June 25, 2016, as indicated in the crime sight table.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement protocol;

1. Application of Acts and subordinate statutes on filing of a complaint and written statements;

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

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;