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(영문) 울산지방법원 2012.08.22 2012고정738

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In spite of the fact that no one repeatedly distributes information that arouses fear or apprehension through an information and communications network to reach another person, the Defendant sent to the victim police officer C a phone call from the Defendant at the home of the Defendant located in Ulsan-gu, Ulsan-gu, about February 17, 2012 about whether he/she drives or absconds from the Defendant, and asked him/her about whether he/she drives or absconds from the Defendant, and asks him/her about whether he/she is able to do so. As indicated in the list of crimes in the attached list of crimes, he/she has repeatedly sent the text that arouses fear or apprehensions by using the information and communications network 14 times in total by the same method until February 18, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the details of text notes;

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 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;