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(영문) 인천지방법원 부천지원 2013.04.26 2013고정426

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

On March 5, 2012, no one repeatedly sends to another person any codes, words, sound, image, or motion picture that may cause fear or apprehension through an information and communications network, but the defendant sent a text message to the complainant's cell phone number (E) on the ground that the complainant D does not receive his/her own telephone within 07:47 on March 5, 2012, on the ground that he/she does not receive any one's own telephone, and then sent a text message with the content that arouses fear and fear to the complainant through an information and communications network from August 17, 2012 until May 09:51, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to data on text transmission;

1. Relevant legal provisions and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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;