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(영문) 서울동부지방법원 2015.08.28 2015고정414

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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 apprehension through an information and communications network to reach other persons repeatedly.

Nevertheless, around 04:57 on January 8, 2014, the Defendant sent text messages to the victim D’s cell phone (E) using a cell phone (C) used by the Defendant in Gwangjin-gu, Seoul, 101-dong 702.

As a result, the Defendant repeatedly sent text messages that cause uneasiness over 11 times, such as the annexed crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement by the police against D, and the application of Acts and subordinate statutes governing D's authentic text messages (including photographs of text messages);

1. Relevant legal provisions 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;

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;