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(영문) 대전지방법원 2013.12.18 2013고정2175

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

Nevertheless, around July 2012, the Defendant listened to the statement that the husband of the Defendant is winded from the victim’s husband and sent a voice message to the victim five times by not later than September 13:37, 2013, on the following grounds: (a) around August 1, 2013, the Defendant called the victim’s cell phone (C) with the victim’s cell phone (C) and sent the victim a voice message “(C), whether it is possible to receive and resolve it from the victim’s cell phone, or not, it might show the bomb hand hand, and it might show the bomb hand,” as indicated in the list of crimes, such as sending the voice message “A” to the victim by not later than September 4, 2013.

Accordingly, the Defendant repeatedly reached the victim with the sound that arouses fear and apprehension through information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Complaint;

1. Application of Acts and subordinate statutes governing recording records;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.