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(영문) 인천지방법원 2013.10.25 2013고정2731

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the business of selling medical devices under subparagraph 6 B, and was in a relationship with C.

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

On October 7, 2012, at around 00:40, the Defendant sent a wabic photo, which was stamped by the Defendant and C, using mobile phone D used by the Defendant, as “Marriage photographs with Abu C” from the mobile phone F.

In addition, from March 11, 2013 to March 13:04, the Defendant sent text messages and photographs with C over a total of 26 times to the victim, such as the annexed crime sight sheet, so that the Defendant repeatedly sent text messages and photographs with C, thereby causing fear or apprehensions through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Application of Acts and subordinate statutes to evidence photographs and investigative reports (Attachment of the content of a cellphone message);

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime (generality and choice of fines);

1. Articles 70 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;