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(영문) 수원지방법원 안산지원 2013.06.18 2013고정475

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall have any codes, words, sound, image, or motion picture that arouses fear or apprehension reach another person repeatedly.

Nevertheless, on July 14, 2011, the Defendant sent the victim C (the 45 years of age and women) a letter of “9:20 minutes of age and pressure” using the Handphone text to the victim C (the 5 years of age and women) on July 14, 201, and sent the victim the text of “9:20 minutes of age and pressure” up to April 22, 2012, which led the victim to feel uneasy like the list of crimes in attached Form 5 times by April 22, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photograph letters of Handphones;

1. Relevant Article of the relevant Act and 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 criminal facts (the fact that repeatedly satisfies the language that arouses an infertility and the choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the number of times when the defendant sent letters causing uneasiness, the contents of letters, and the circumstances of this case. It is so decided as per Disposition on the grounds above.