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(영문) 서울동부지방법원 2016.01.07 2015고단2964

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as the chairperson of the C's union and labor union, has been in good faith with respect to the victim D as the chief of personnel department.

At around August 21, 2015, the Defendant 21:54, at the frequency of “F” located in Seongdong-gu Seoul, Seongdong-gu, Seoul, the Defendant brought away the victim’s hand phone using the Defendant’s hand phone, with the victim’s hand phone.

p. The gue such gue shall not be in C.

H. If the procedure was done as soon as possible.

In addition to transmitting the text message called “brue.”, from 19:26 to 22:20 on the same day, the message sent 17 times in total as indicated in the attached list of crimes was sent to the victim by repeatedly reaching the text that arouses fear or apprehension through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The defendant and his defense counsel asserted that each photograph of conviction cannot be viewed as a phrase that arouses fear or apprehension. However, the criminal facts stated in the judgment are sufficiently recognized in light of the relationship between the defendant and the victim, the situation faced by the victim at the time, the content and method of expression, etc.

Application of Statutes

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;