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(영문) 대구지방법원 김천지원 2013.07.17 2013고정313

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No person shall make any codes, language, sound, image, or picture that arouses fear or apprehension reach another person repeatedly.

Nevertheless, at around 17:03 on January 11, 2012, the Defendant repeatedly sent text messages to the victim D using a mobile phone within the oral repair store located in Gumi-si, Sinsi, including sending a text message, “I have to die promptly, I have now not sold it,” and had the victim repeatedly reach the victim six times in total, as shown in the annexed crime sight sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Written petition of D;

1. Details of confirming the receipt of mms;

1. Application of Acts and subordinate statutes governing characters and photographs;

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 criminal facts and the selection of fines for negligence;

1. Statutory mitigation under Articles 11 and 55 (1) 6 of the Criminal Act;

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

1. As to the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, the defense counsel asserts that the defendant sent the above text message to the victim by means of an expression of the victim's insult, and thus, the defendant merely sent the above text message to the victim as a short-term appearance. In particular, the text message sent on January 12, 2013 and on January 14, 201, does not constitute a violation of the above Act, since the victim's fear or apprehension is not likely to have a fear or apprehension.

In full view of the background leading up to the sending of the above text messages, the content of each text message, and the time close to the sending of each text message, etc., by allowing the defendant to deliver the above text message to the victim, thereby fearing or uneasying the victim.