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(영문) 서울중앙지방법원 2016.06.15 2015고정3942

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, at around 23:02 on November 2, 2014, the Defendant used the Defendant’s mobile phone to the victim B using the Defendant’s mobile phone, and, on the other hand, the Defendant left the victim B with the knowledge of why D years have passed since he or she left the Republic of Korea for two years, and that he or she would have left the victim B with the knowledge of his or her birth or growth.

In addition to the transmission of text messages stating “Sil Man-si”, the message sent repeatedly from the above day to January 5, 2015, which led the victim to uneasiness over 47 times from the above day to the day of January 5, 2015.

Summary of Evidence

1. A copy of the protocol concerning the examination of suspect of the police against the accused (No. 15 No. 15);

1. Statement made by the police against B;

1. The screen by emitting a text message;

1. Decision of side decision; and

1. Application of the message Acts and subordinate statutes sent by the defendant to E, F, G and H;

1. Article 74 (1) 3 and Article 44-7 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization 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;

1. As to the Defendant’s assertion of Article 186(1) of the Criminal Procedure Act, the Defendant asserted that it is C to send a text message to B, and C also made a statement that accords with the Defendant’s assertion.

However, in light of the following circumstances acknowledged by the aforementioned evidence, C’s statement partially consistent with the Defendant’s statement is difficult to believe and the Defendant sent text messages to B as criminal facts.