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(영문) 대구지방법원 2017.03.17 2017고정179
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, at around 12:29 on August 20, 2016, the Defendant sent the victim’s text message to the Defendant’s workplace on the ground that the Defendant and the victim came to know the Defendant’s employees of the Defendant’s workplace that the avoidance of the Defendant and the Victim B (56 tax) was unfolded by the Defendant and the victim, and sent the victim the victim’s text message stating “(b) with a view to going beyond bifed and she should do so.” From July 4, 2016 to October 15, 2016, the Defendant sent the text message 29 times in total, as indicated in the list of crimes, so as to repeatedly bring about fear or apprehension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written petition;

1. Application of Acts and subordinate statutes to each letter-post photograph and report of internal investigation (for re-preparation of criminal facts);

1. Article 74 (1) 3 and Article 44-7 (1) 3 (including inclusive) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the choice of fines, and the selection of fines;

1. Articles 70 and 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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