beta
(영문) 인천지방법원 부천지원 2016.03.14 2016고단304

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has been divorced after marriage with C, which is the 49 years of age and women.

In the process of divorce with the former husband C, the Defendant was dissatisfied with the fact that the victim did not divide his/her property according to his/her wishes.

On November 29, 2014, from around 15:22 to November 11:25, 2015, the Defendant sent text messages that cause apprehensions over 41 occasions through an information and communications network, such as “D” as “the call for a bridge and participated in divorce”, and as indicated in the crime sight table, the Defendant sent messages to the victim via an information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to text messages sent to the victim by each recipient;

1. Article 74 (1) 3 and Article 44-7 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., the selection of a fine concerning facts constituting an offense;

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

3. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as the same as the disposition, taking into consideration the following: (a) the Defendant’s mistake is closely against the Defendant; and (b) the initial offender is the first offender.