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(영문) 부산지방법원 서부지원 2018.07.18 2018고정318

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 17, 2017, from around 09:25 to around 06:13, from around 22, 2017 to around 06:13 of the same month, the Defendant repeatedly sent to the victim 122 times in total as indicated in the annexed crime sight table, using the cell phone of the Defendant, who was notified by the former victim C of the objection. (However, each text message listed in No. 51 to 53 of the annexed crime sight table is overlapping with each text message listed in No. 16 to 18).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to text and photographs;

1. Article 74 (1) 3 and Article 44-7 (1) 3 (generally, choice of fines) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, and Articles 74 (1) 3 and 44-7 (1) 3;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;