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(영문) 서울서부지방법원 2015.06.03 2015고정408

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network.

From December 25, 2013 to February 24, 2014, in the course of the termination of the lease contract with the victim C (years 78) the Defendant used the Defendant’s mobile phone at a non-place to reach the statement that arouses anxiety on the victim’s mobile phone through the victim’s mobile phone, including “Sicker or Home,” as shown in the attached list of crimes,” as shown in the attached list of crimes, including “Sicker and Home,” “Is the aged,” “Isker,” “Isker, Isker,” “Is back, Isker,” “Is back, Isker, Is back, Is back, Is back, and die,” and “Is back to 22 times”.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes governing text messages;

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. Articles 70 (1) 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;