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(영문) 서울중앙지방법원 2014.04.11 2014고정549

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Immigration Control Act at the Seoul Central District Court on September 26, 2013 and the said judgment became final and conclusive on January 24, 2014.

No one shall repeatedly cause any codes, words, sound, image, or motion picture that arouses fear or apprehensions through an information and communications network to reach another party.

그럼에도 불구하고 피고인은 2013. 3. 26. 17:07경 불상의 장소에서 B 명의로 된 휴대폰 C을 이용하여 피해자 D(44세)의 휴대폰(E)으로 "양아치 똥국 먹었냐, 네 집 찾는데만 몇 년 걸렸다 D 개쌔갸 이제야 원수를 갚게 되었구나" 라는 등의 문자를 전송하고 전화협박을 하였다.

Therefore, the defendant repeatedly sent letters that cause fears or apprehensions to the cell phone of the victim over 24 times in total, such as the attached list of crimes, and sent them to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes on the sending of letters;

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 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;