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(영문) 서울북부지방법원 2014.10.29 2014고정1851

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No one shall allow any person to repeatedly reach another person in the form of code, language, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, at around 16:34 on May 8, 2014, the Defendant sent text messages to the victim B’s cellular phone (the phone number:C) and expressed his desire to the effect that “I am out of the full opening of the eth of the eths of the eths of the eths of the eths of the eths of the ethic.g., the eths of the eths of the ethic.g. (hereinafter omitted)” and sent text messages to the effect that “I am out of the eths of the eths of the eths of the ethic.g., the Defendant continued to transmit text messages containing the eths of the ethicians

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the statutes governing the transmission of text messages;

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. Articles 70 (1) 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;