정보통신망이용촉진및정보보호등에관한법률위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
From June 2013, the Defendant was in the relationship between the victim C (V, 28 years of age) and the related person, and was in around September 2017.
On October 17, 2017, the Defendant sent the Defendant’s home located in the Seo-gu Daejeon Building 301, Seo-gu, Daejeon, Seo-gu, Daejeon, on the ground that the victim did not re-convene the Defendant, using the Defendant’s mobile phone, the Defendant’s cell phone, “I am well see in the last time of Nice image.”
In addition, from around 11:52 of the same month to around 02:44 of the same month, the Defendant sent text messages or photographs to the cell phone of the victim using the Defendant’s cell phone at the above place 25 times in total, as shown in the annexed crime sight table.
As a result, the Defendant repeatedly sent words or images that arouse uneasiness to the victim through information and communications network.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against C;
1. Application of the statutes governing letters sent to the victim and the details of photograph transmission;
1. Article 74 (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, the relevant Article of the Act and Articles 74-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order
1. It is difficult to view that the instant Kakao Stockholm messages and photographs sent by the Defendant to the victim constituted “a language or image that arouses apprehension”.
2. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. are punished for repeatedly reaching other parties any codes, language, sound, image, or motion picture that arouses fear or apprehension through an information and communications network. Here, the phrase, etc. that arouses fear or apprehension is repeated.