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(영문) 서울남부지방법원 2013.04.24 2013고정595
정보통신망이용촉진및정보보호등에관한법률위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

When there is a dispute between the victim C and the People's Republic of China on September 201, 201, whether or not the defendant borrowed KRW 720,000 as the weak value in the indictment, the defendant stated that "the victim is suspected to have obtained the registration of class 4 of disability unfairly" in this part of the indictment, but it appears that the defendant erred in the contents of the indictment.

The following crimes were committed:

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

On November 12, 2011, the Defendant sent a text message to the victim’s Handphone (D) using the Defendant’s handphone at a closed area below Seoul on November 201, 201, stating that “When the case was arrested as a flagrant offender who was sent to the prosecution due to criminal punishment, it is expected to send an additional medical certificate if he knows that the case was arrested as a flagrant offender who was sent to the prosecution due to criminal punishment, and that it would be sent with an additional medical care.” From around that time to November 14, 2011, the Defendant sent text messages over a total of 21 times, as indicated in the attached list of crimes.

As a result, the Defendant repeatedly reached the other party with signs, words, etc. creating fears or apprehensions through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 74 (1) 3 and Article 44-1 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 50,000 won a day);

1. Article 59(1) of the Criminal Act provides that the Defendant has no criminal record other than punishment once by a fine, and the instant crime was committed in the process of giving text messages to the Defendant and the victim with emotional knowledge, and the victim also takes place.

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