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(영문) 대구지방법원 2015.05.08 2014고정3052
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall allow anyone to reach another person repeatedly in the form of code, text, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, at around 11:39 on December 13, 2013, the Defendant: (a) used a mobile phone from the Defendant’s residence located in the 106 of the Maldong building C, Gluri-gun, and sent text messages, such as the Defendant’s list of crimes, to the victim D by using the mobile phone in the Defendant’s residence, “I am. I am going to am going to see. I am going to am going to the police report, and I am going to am again before I am to am. I am to am. I am to am. I am to am. I am to am to am. I am to am to am. I am to am. I am to am. I am to am. I am to am. I am now, I am to am. I am to am. I am to am...

Accordingly, the defendant repeatedly sent text messages that cause fears or apprehensions to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (to fill in telephone conversations with A - Examination protocol of suspects);

1. Verifying the receipt of text messages;

1. A asserts to the effect that the text message sent by the Defendant did not arouse fears or apprehensions to the victim.

However, prior to the instant crime, there was a dispute between the Defendant and the Victim F and the Victim, and the Defendant, around October 19, 2013, posted a picture of F and the Victim on the “Kakao Scarto”, thereby insulting and damaging F and the Victim’s reputation. In particular, at the time of the instant crime, the Defendant was under investigation by the police for the instant case, such as the above defamation, which was lodged by the Victim and F, and the details, frequency, and frequency of sending text messages by the Defendant.

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