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(영문) 대구지방법원 안동지원 2015.07.21 2015고정136
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the victim B (the age of 23) and the person heed on January 20, 2015 from September 29, 2014.

모욕 피고인은 2015. 1. 27. 10:59경 피해자가 자신과 헤어진 것에 앙심을 품고, 자신의 휴대전화에 연계된 회원은 누구나 열람이 가능한 ‘페이스북’ 어플에 피해자와 대화한 채팅 내용을 캡쳐한 사진과 함께 “남자친구 있던 상태에서 해외 다녀오더니 외국인이랑 연애를 하고 있네 남자친구한텐 헤어지자고 당분간 공부에 집중하고 싶다고 남자 만날 생각 없다더니!! ㅋㅋㅋㅋㅋ 대단하다 그렇게 창녀처럼 살아라!! 몸 잘 대 줄때부터 알아봤다!!”라는 글을 ‘전체공개’ 상태로 게재하였다.

Accordingly, the defendant openly insultingd the victim.

B. On February 15, 2015, from around 09:38 to February 16:47, 2015, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc., sent a message to the victim’s mobile phone using the Defendant’s mobile phone to “I want to kill and kill fake. I would like to do so. I would like to do so,” “I would like to do so. I would like to see how I would see how I would do so,” “I would die at that time, I would like to die, I would soon die, I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to I would like to do it soon.”

Accordingly, the Defendant repeatedly reached the victim's text that arouses fear or apprehension through the information and communications network.

2. A single studio, which falls under Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 311 of the Criminal Act.

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