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(영문) 서울동부지방법원 2019.04.30 2019고정234

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

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or motion picture.

Nevertheless, at around 20:49 on August 16, 2018, the Defendant sent a text message to the victim’s mobile phone (E) using a mobile phone (D) owned by the Defendant on the ground that the victim’s horse dispute occurred with the victim C, and thus, the Defendant sent a text message to the victim’s mobile phone (E) stating “the same year as bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit 22:26 on the same day.”

Accordingly, the defendant had repeatedly reached the victim with the language that arouses fear or apprehension through information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written complaints, letters and photographs sent by a suspect to the victim, and letters sent by a suspect to the complainant (written photographs of a suspect Hand);

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of fines for negligence;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;