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(영문) 청주지방법원 2018.05.15 2018고정159

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall 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, around 09:04 on July 18, 2017, the Defendant filed a complaint with the victim D (28 tax) by intimidation and filed a request for a fine summary order by threatening him/her, and used his/her mobile phone (F) to use the victim’s cell phone (G) for the information and communications network of the victim.

Dogwon Dogwon

The address at which the inside of the Republic of Korea is now coming out of Ansan, and the Criminal Mediation Office sent a text message called "Iman only once a fine is imposed," and sent repeatedly eight times from that time to November 7, 2017, to have the victim feel uneasiness, such as the crime sight slip.

The arrival reached.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (the contents of letters sent and received by a complainant and a suspect), investigation report (the submission of additional victim fees to a complainant) and criminal investigation report;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense under the relevant Article of the Act (Selection of a punishment)

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;