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(영문) 의정부지방법원 고양지원 2013.06.27 2013고정682

정보통신망이용촉진및정보보호등에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall repeatedly cause any codes, words, etc. creating fear or apprehensions through an information and communications network to reach the other party.

Nevertheless, at around 23:03 on June 12, 2012, the Defendant sent a text message and a voice message, including, from that time, the Defendant sent to the victim D’s cell phone (E) using the Defendant’s cell phone (C) at the office of the Defendant, Young-gu, Seoyang-gu (Seoul) 104-dong 405, which is an information and communications network, “The attorney-at-law who shall file a complaint in the form of fraud, such as his/her inner denial, will do so.” From that time to June 23:49, 2012, the Defendant sent a text message and a voice message with the same content as the list of crimes in the attached Form No. 1068, which arouses fear or apprehension through an information and communications network, thereby repeatedly sent to the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs of text messages;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant legal provisions of 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 selection of fines;

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;