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(영문) 부산지방법원 2018.09.12 2018고정1257

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network in a way that they reach other persons repeatedly in the form of code, text, sound, image, or picture.

Nevertheless, on February 5, 2015, the Defendant: (a) at the 01:08 Franchisium on February 5, 2015, the victim B.

In addition, from around that time to February 12:23, 2016, the message sent to the victim 19 times in total, including the message sent to the victim 19 times in the information and communications network, which caused fears or apprehensions through an information and communications network, as shown in the list of crimes in the attached Table, the message sent to the victim 19 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Articles 74 (1) 3 and 44-7 (1) 3 and 44-7 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense; selection of a fine;

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.