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(영문) 서울남부지방법원 2015.11.12 2015고정1919
정보통신망이용촉진및정보보호등에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

On February 10, 2015, the Defendant, using his mobile phone from Seoul around 8:19 to February 11, 2015, using the Defendant’s mobile phone, sent to the victim B a text message stating that “I am sp. I am sp. I am sp. I am sp. I am sp. I am sp. I am sp. I am. I am am sp. I am sp. I am sp. I am sp. I am sp. I am. I am sp. I am. I am sp. I am. I am sp. I am sp. I am. I am. I am sp. I am sp. I sp. I am. I am. I am sp.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. concerning the relevant criminal facts;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the Attraction of Labor House Head (Amount of money to be converted, amount of money to be converted - KRW 100,000 per day);

1. Article 59 (1) of the Criminal Act (1) of the suspended sentence (1) (2) : (3) the accused and the victim’s relation and the circumstances of the case; and (4) The victim’s text messages mixed with the abusive language was sent first to the accused; and (3) the details of the text messages sent between the two parties are given and taken into account;

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