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(영문) 서울북부지방법원 2013.09.11 2013고정2177

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, at around 16:59 on October 12, 2012, the Defendant sent text messages to the victim B’s mobile phone using his/her own mobile phone and sent them to the victim B’s mobile phone at around 16:59, the Defendant sent text messages to the victim’s mobile phone at around nine times in total, as indicated in the list of crimes in the attached Table.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

1. Relevant Articles 74 (1) 3 and 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;