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(영문) 창원지방법원 통영지원 2016.07.22 2016고정228

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

No one shall allow anyone to repeatedly reach another party any code, language, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, in the public bath operated by the victim B, the Defendant repeatedly transmitted letters that cause fears or apprehensions through 39 times from the time to April 1, 201 as indicated in the attached Table of Crimes, including sending the letters “C” to the victim’s cell phone (C) from November 10, 2015, in order to receive KRW 200,000,000 deducted from the victim due to absence without permission due to absence from office from the victim, on the condition of KRW 5,00,000,000 from the public bath operated by the victim B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused (including the B substitute part of the examination);

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the screen of a closure letter with an uneasiness;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the 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 (Selection of Penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.