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(영문) 울산지방법원 2017.06.15 2017고단1391
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year of imprisonment for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. at the Ulsan District Court on May 29, 2014, and the said judgment became final and conclusive on September 19, 2014, and completed the execution of the sentence at the port prison on April 27, 2015.

[Criminal Facts]

1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow any person to reach another person repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;

On January 27, 2017, the Defendant was found to have been under the influence of alcohol at a police box of the Yangsan Police Station C.

On March 9, 2017, France District Court filed a request for a summary order of KRW 500,000,000 with the charge of violating the Punishment of Minor Offenses Act, and sentenced him to the above C police box and the Ulsan District Public Prosecutor's Office, etc., for a non-discriminatory manner against police officers, etc. who called on the phone by posting the phone.

A. On February 20, 2017, the Defendant committed a crime against police officers: (a) called the Defendant’s cell phone (E) to the Defendant’s cell phone (E) located in Yangsan Police Station; and (b) called the Defendant’s cell phone on February 20, 2017; and (c) called the Defendant’s cell phone to the Defendant’s cell phone (E); and (d) called the police officer working there

In addition, the police officers, who were called bitch bitch bitch bitch bitch bitch bit, expressed their desire to the above purport repeatedly through 37 times in total from around the above day to March 13, 2017, such as C police boxes, Yangsan Police Station 112 reported centers, etc., as shown in attached Form 37 times in total.

Accordingly, the Defendant reached repeatedly the language and sound that arouses fears or apprehensions to the police officers through information and communication network.

B. The Defendant committed a crime against the prosecutor, investigator, etc. of the Ulsan District Prosecutors’ Office (hereinafter “Ulsan District Prosecutors’ Office”) around March 13, 2017.

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