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(영문) 수원지방법원 안산지원 2013.06.27 2013고정946

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 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.

At around 10:30 on January 13, 2013, the Defendant sent a text message to the victim B using the Defendant’s mobile phone to the victim B, stating that “Isn't have to be frighted because Isn't know that Isn't have been frighted up to Isn's off, Seoul, by using the Defendant’s mobile phone.”

In addition, from around that time to around 15th of the same month, the Defendant sent text messages to the above victim with a content that arouses fear or apprehensions over 17 times, such as the statement in the list of crimes committed in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes on data received;

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;