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(영문) 서울남부지방법원 2016.11.24 2016고정1747

정보통신망이용촉진및정보보호등에관한법률위반

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

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

Reasons

Punishment of the crime

The defendant is a self-employed person, and the victim B (the age of 33) is a person who associates with the defendant's high school C.

Around April 14:32, 2016, the Defendant received a mixture of letters from the victim’s “a speech that does not interfere with C and deceased,” and sent the victim’s cell phone the word “her mobile phone to the mobile phone in which the victim is using,” and then sent the word “Yy Chewing Chewing” on April 10, 2016, around 16:48, the Defendant sent the word “Yy Pacific” with a total of 18 times, as shown in the separate sheet of crime.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness B’s statutory statement;

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 facts constituting an offense;

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

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;