beta
(영문) 대구지방법원 김천지원 2021.01.21 2020고정319

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall allow any person to repeatedly reach another person in the form of code, language, sound, image, or picture that arouses fear or apprehension through an information and communications network.

The Defendant maintained the relationship with the victim B from around 2010, while lending approximately KRW 100 million to the victim, but the victim did not change this and did not proceed with the Defendant any longer.

On March 11, 2019, at around 23:56, Kimcheon-si, the Defendant sent the victim’s text message “the victim’s cell phone using the Defendant’s cell phone,” and “the victim’s cell phone is a woman who is guilty, and is reported to the police inside the country.” From that time, until September 2, 2019, the Defendant sent the text message as described in the attached Table 72 times in total, which led to fear or apprehensions through the information and communications network, thereby repeatedly reaching the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (limited to attaching images to a mobile phone text message received from the victim who is exposed to the submission of the victim);

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. The sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act has some circumstances to be considered in the course of the crime, the defendant has no record of punishment exceeding the same kind and fine, the recognition of the crime and attitude against the defendant is shown, and the defendant's age, sex, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the arguments of this case, including the circumstances after the crime, shall be determined by taking into account the following factors.