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(영문) 창원지방법원 2016.01.21 2015고단2144
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a relation between D and internal relations, which is the wife of the victim C.

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network in a way that they reach other persons repeatedly in the form of code, text, sound, image, or picture.

Nevertheless, at around June 6, 2015, the Defendant, using the Defendant’s mobile phone in Kimhae-si, set up a bit of bit of bitbit of bit of a bit of bit of a bit of a bit of bit of a bit of a bit of bit of a bit of a bit of bit of a bit of a bit of a

v. M. S.C. H. L. L.C.

In addition, from around that time to around 03 03:33 of the same month, the text message containing the phrase “salvina” was sent to the victim at least 71 times in total, as indicated in the list of crimes committed in the attached Table.

By doing so, the defendant has repeatedly reached the other party the text that arouses fear or apprehension of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A complaint;

1. Application of the Acts and subordinate statutes to photograph each mobile phone text message;

1. Article 74 (1) 3 and Article 44-7 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant repeatedly sent a text message containing the abusive language to the victim who is the husband of a female, and thus, the nature of the crime is bad or wrong, and the defendant will not repeat the crime in the future.

In consideration of the fact that it has been filed, the fact that money has been deposited for the victim, etc., the action of a fine shall be taken.

b. The sentencing conditions shown in the arguments, such as the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

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