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(영문) 수원지방법원 안양지원 2018.09.11 2018고정228
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

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

피고인은 2017. 2. 3. 07:30 경 불상지에서, 별다른 이유 없이 하남시 B에 있는 하 남경찰서 C 파출소로 전화를 걸어 경찰 관인 피해자 D에게 “ 야 개 쌔꺄, 씹새끼들 아, 다 죽여 버릴 것이다.

vara or suas soon as possible.

It will be abandoned by spreading various types of dogmatics.

The head of the mother's house shall be discarded well.

C. From that time until April 6, 2017, 19:00, I expressed the victim’s desire in the same way as written in the list of crimes in attached Form 1, 2017.

Accordingly, the Defendant repeatedly reached the victim with the sound that arouses fear and apprehension through information and communication network.

Summary of Evidence

1. Statement made by the police against D;

1. Written statements of E, F, G, H, I, and J;

1. Application of Acts and subordinate statutes to investigation reports (audio file attachment);

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 of the Provisional Payment Order (the defense counsel of the defendant) provides that the defendant was in a mental and physical state at the time of committing the crime in this case.

Examining the circumstances revealed in the records, such as the background leading up to the instant crime, method of crime, the act of the accused before and after the instant crime, and the circumstances after the instant crime, the Defendant was physically and physically in a state of mental weakness at the time of the instant crime.

It is difficult to see it.

Defendant’s defense counsel shall not be accepted

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