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(영문) 대전지방법원 논산지원 2016.07.26 2016고정55

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

No person shall repeatedly send any codes, text, sound, image, or picture that arouses fear or apprehension to any other person.

The Defendant did not enter into marriage between the victim B (here, 34 years of age) and the victim B (here, she was born and living together with her children. On September 20, 2015, the Defendant did not provide the victim B with the child support on September 20, 2015, and the victim would also receive the child support even if the victim did not receive the child support.

하였는데 말을 바꾸었으며, 피고인을 꽃뱀으로 취급하여 감정이 좋지 않다는 이유로 휴대전화 카카오 톡 을 이용하여 피해자에게 “ 또라이 집안 정신 똑바로 차리고 살아 ^^” 라는 메시지를 보내는 등 별지 기재와 같이 2015. 9. 24. 23:51 경까지 총 27회에 걸쳐 피해자에게 공포심이나 불안감을 유발하는 문언을 반복적으로 상대방에게 도달하게 하였다.

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 (to attach a copy of the Kakao Stockholm message submitted by the victim);

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the elective Use of Information and Communications Network and Information Protection, Etc. concerning facts constituting an offense (excluding punishment) 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. The contents and frequency of the message sent by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fear of the victim’s fear, the agreement with the victim is not reached, and the Defendant’s age, environment, details of the crime, and circumstances before and after the crime, etc. are considered in light of all the sentencing conditions in the pleadings of the instant case, including the Defendant’s age, circumstances before and after the crime.