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(영문) 대전지방법원 서산지원 2015.05.21 2015고정11

정보통신망이용촉진및정보보호등에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions by reaching other persons repeatedly in the form of code, words, sound, image, or picture.

Nevertheless, on November 28, 2012, the Defendant sent text messages that cause fears or apprehensions to the victim’s cell phone (C) from November 28, 2012 to October 45, 29 of the same month, by transmitting text messages, which called “profescences” to the victim B’s cell phone (C) at a place where the location is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs;

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 for the detention of a workhouse;

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