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(영문) 대전지방법원 2020.12.01 2020고정634
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has worked as a worker for daily employment at the construction site located in the former North-gun, North Korea, through a human resources office operated by the victim B.

On June 12, 2019, the Defendant told the victim that he would not use it in the management of the above construction site, and listened to Finland on June 13, 2019, the Defendant left the victim’s mobile phone using the Defendant’s mobile phone in French on June 21:57, 2019, with the victim’s mobile phone “I am special, I am special, I am special, I see that I am special, I am special, I am special, I am special, I am special, I am special, I am special, I am.”

From the same day until 22:53 of the same day, the Defendant left the victim’s voice messages, such as abusive language, in the cell phone, and reached the other party repeatedly through the information and communications network, as shown in the attached list of crimes.

Summary of Evidence

The police protocol against B

1. Application of Acts and subordinate statutes to the petition or record of complaint;

1. Relevant legal provisions and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Scope of applicable sentences under the law for sentencing under Article 334 (1) of the Criminal Procedure Act with regard to the order of provisional payment: A fine not exceeding ten million won;

2. Determination of sentence shall include the recovery of the voice message sent to the victim, the contents of the voice message, the relationship with the victim, and the age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the circumstances after the crime;

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