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(영문) 대전지방법원 2016.12.08 2016노2575
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (the factual error) was that the Defendant sent the victim the e-mail or mobile phone text message (hereinafter “the instant message”) indicated in the instant facts charged. However, the Defendant did not unilaterally send the victim the message or mobile phone text message (hereinafter “the instant message”), but the Defendant did not unilaterally transmit the victim’s fear or apprehensions. ② The Defendant was between the victim and the attorney-at-law, who was in conflict with the Defendant, and the Defendant delegated the victim a lawsuit, submitted a written reason for the supplement of the appeal to the victim, without disregarding the Defendant’s opinion, and submitted the written reason for the supplement of the appeal to the victim, and the message sent by the Defendant cannot be deemed as a content causing fear or apprehension. However, the lower court found

2. Determination

(a) Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. are punished for repeatedly allowing any person to reach another person in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network;

In this context, whether the phrase that arouses fear of fear and fear constitutes “refeasible acts to reach another person repeatedly” ought to be determined by comprehensively taking into account the contents and method of expression that the Defendant sent to the other party and the sound meaning, relationship between the Defendant and the other party, circumstance of sending the words, frequency of sending them, circumstances before and after, and circumstances faced by the other party

(Supreme Court Decision 2013Do7761 Decided December 12, 2013). B.

The following circumstances recognized by the court below based on the evidence duly adopted and examined by the court below, the contents of the statement sent by the defendant to the victim, the method of expression and its implications, and the victim.

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