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(영문) 수원지방법원 평택지원 2016.04.07 2015고정754

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

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, at around 10:04 on May 1, 2015, the Defendant became aware of the victim B’s mobile phone “Isn't have her flue to his flue to his flue to his flue to his flue to his flue to his flue,

^^” 라는 문언을 도달하게 한 것을 비롯하여 2015. 4. 24. 13:24 경부터 2015. 5. 1. 11:37 경까지 별지 범죄 일람표 기재와 같이 총 27회에 걸쳐 피해자에게 문언을 도달하게 하였다.

As a result, the Defendant repeatedly reached the victim with codes and words creating fears or apprehensions through information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the photographic Acts and subordinate statutes by cutting down a text message;

1. Article 74 (1) 3 and Article 44-7 (1) 3 (Selection of Penalty Surcharge) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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