정보통신망이용촉진및정보보호등에관한법률위반
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network by repeatedly reaching other persons in the form of code, language, sound, image, or picture.
However, on May 25, 2017, the Defendant used his mobile phone (D) from 00:04 to 00:04 to c and 202 on his mobile phone (F) on the cell phone (F) in the victim E’s information and communications network (hereinafter “F”), and then to tamp the police investigation or preparation;
It is necessary to determine whether or not to detain the person.
By June 23, 2017, including sending the text message “,” sending repeatedly all 73 instances of words causing apprehensions to the victim, such as the statement in the list of offenses.
The arrival reached.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of interrogation of each police officer in relation to E or G;
1. Statement made by the police for E;
1. Details of text messages;
1. Application of Acts and subordinate statutes to each investigation report (No. 10, 15, 22, 25, 34, 35)
1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. for Criminal Facts (including repeated transmission of words, etc. causing fears or apprehensions), which relate to the relevant criminal facts, 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 defendant and his defense counsel asserts that the defendant sent a text message to recover investment costs to the victim, which constitutes a justifiable act of exercise of a legitimate right.
In light of the content of the text message, the level of expression, and the time and frequency of sending the text message, etc., the Defendant sent the text message to the victim as indicated in the list of offenses, due to the recovery of investment costs against the victim. However, in light of the content of the text message, the time and frequency of sending the text message, etc., the Defendant’s text message.