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(영문) 수원지방법원 성남지원 2013.12.05 2013고정1574

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Final Judgment] On May 23, 2013, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution, etc. at the Sungnam Branch of Suwon District Court for attempted fraud, etc., and the said judgment became final and conclusive on October 25, 2013.

【Criminal Facts】

No one shall repeatedly reach another person with any code, text, sound, image, or picture that arouses uneasiness or fear through an information and communications network.

Nevertheless, at around 10:51 on February 27, 2013, the Defendant sent a text messages containing “nick phone (number:E) of the victim D’s cell phone at the place of residence of the Defendant in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, 2013, the Defendant reached the other party repeatedly, by not later than February 27, 2013, such as sending a text penbook containing “Igmans and girls who firs and girls who will inevitably be able to create and inevitably be able to do,” and by which they would cause fear or apprehensions through an information and communications network over five occasions, as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Details of receipt of text messages;

1. Final and conclusive judgment: Reference reports and the application of the Acts and subordinate statutes for investigation reporting;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of fines for negligence;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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