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(영문) 대전지방법원 서산지원 2014.03.21 2013고정257
정보통신망이용촉진및정보보호등에관한법률위반
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Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 13, 2013, the Defendant got a victim E-vehicle parked while driving the Defendant’s vehicle at the front parking lot of the building in Seogsan City.

On April 13, 2013, the Defendant sent a text message to the victim, which read that the Defendant’s text message was sent to the Defendant’s cell phone, and that the Defendant thought that the text message was sent to the victim. On April 13, 2013, the Defendant sent a text message stating “If it was sent to the Plaintiff’s cell phone, it shall be the end.”

On April 13, 2013, at around 21:07, the Defendant continued to transmit a text message stating “Sick,” “Sick,” around April 14, 2013,” around 16:51, April 14, 2013, “Sick, Sick,” around 19:50, April 14, 2013,” and around 20:23, April 14, 2013, the Defendant repeatedly sent the text message stating “Sick, Sick, Sick,” thereby causing anxiety to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a criminal investigation report (Submission of suspect-related data) and cell phone photographs;

1. The indictment under Article 72 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. is written. However, in light of the facts charged and the remaining applicable provisions of Acts, it is obvious that it is a clerical error in the indictment under Article 74 (1) 3 of the Act, and even if it is corrected without changing the indictment, it is not a substantial disadvantage

Article 44-7 (1) 3, Selection of fines

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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