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(영문) 수원지방법원 성남지원 2019.02.20 2018고정1272

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network by reaching other persons repeatedly in the form of code, words, sound, image, or motion picture.

Nevertheless, at around 15:03 on June 6, 2018, the Defendant sent a text message stating that “the Defendant ought to die,” using his cell phone Nos. 2, 43 years of age, using his cell phone Nos. 15 and 43 years of age.

In addition, on June 7, 2018, from around 23:26 to August 13:56, 2018, the Defendant repeatedly reached the victim with the words causing fears and apprehensions, such as the statement in the annexed crime list, over a total of 887 occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes, such as a list of crimes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;