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(영문) 광주지방법원 2017.09.14 2017고정769
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall allow any person to 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, between October 18, 2016 and October 18, 2018, the Defendant sent text messages from around 15:15 to 18:18, to the mobile phone of the victim D (n, 60 years of age) with the cell phone of the victim D (the victim) in Gwangju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, including sending text messages from around 34 times to October 21, 2016.

By doing so, the Defendant reached the other party repeatedly through the information and communications network the text that arouses fear or apprehension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Contents of the text;

1. 18 copies of letters and photographs; and

1. Application of Acts and subordinate statutes governing Handphone images;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 74-7 (1) 3 (Selection of Penalty) of the same Act;

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;

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