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(영문) 인천지방법원 부천지원 2019.03.29 2018고단3212
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection shall intrude into an information and communications network without access authority;

Nevertheless, at around 02:30 on April 26, 2018, the Defendant released the victim’s mobile lock locking from the victim’s cell phone without the victim’s permission, using the gaps in his/her residence in Kimpo-si B C, Kimpo-si, Kimpo-si, Kimpo-si, the Defendant taken the victim’s mobile locking from the Defendant’s cell phone, taken the victim’s cell phone, and stored the victim’s photograph and the photograph, etc. in the victim’s cell phone stored in the Floco, and acquired them.

Accordingly, the Defendant infringed upon another person’s information and communication network without access authority.

2. Intimidation: (a) the Defendant knew of the fact that the victim was consulted with the Kimpo Police Station on the issue of the Defendant; (b) from around 14:30 on May 19, 2018 to around 21:00, the Defendant threatened the victim at the Hcca located in Kimpo-si G, with the knowledge of the fact that the victim was consulted with the Kimpo-si, “No one would be punished by imprisonment because he did not lose his knowledge of the completion of reporting to the police, so that he would be unable to be married, and his employment and personal falling off. In addition, the Defendant puts his photograph and writing into the Republic of Korea.” The Defendant threatened the victim by sending the victim a letter on the privacy of the victim already prepared and demanding the victim to transmit it directly to the person who was the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. A report of investigation (Attachment to the data relating to the suspect submitted by the victim), data submitted by the victim, investigation report (Attachment to the document identified in the cell phone seized by the suspect), printed out of the personal data stored by the victim on the cell phone of the suspect, and printed out of the E message dialogue between the suspect and the victim;

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