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(영문) 부산지방법원 2017.01.20 2016노2553
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the Defendant guilty of the facts charged of this case, even though the Defendant did not transmit text messages, such as the list of offenses in the annexed sheet, and the content thereof does not cause fears or apprehensions.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant can be recognized that the defendant sent the text message to the victim C and the victim F, his husband, as shown in the attached crime list. Thus, the defendant's assertion of mistake in this part is without merit.

B. Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Act”) punish “a person who repeatedly sends words causing fear or apprehension through an information and communications network to another person.” The “ebret fear” or “ebret fear” as prescribed in the above provision is a normative element necessary for an assessment and emotional judgment. “In advance,” the term “ebret fear” is “an expression of fear and unebrest,” and “an unebrest fear” is “an expression of fear, without fear, of fear,” and “an apprehension of fear” is “an expression of the victims’ fear of fear and fear,” and “an apprehension of fear” is sufficient at an investigative agency’s intervals to address the victim’s fear and fear of crime, such as the frequency of fear and fear of crime, if the Defendant did not make the victim feel at an investigation agency during the time.

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