logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.08.11 2016고정530
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall repeatedly send any codes, language, sound, image, or motion picture that arouses fear or apprehension to any other person through an information and communications network, in turn.

On August 13, 2015, the Defendant: (a) at the Chousehold located in Seo-gu, Seo-gu, Busan Metropolitan City on August 16:30, 2015, the victim E (the age of 55) who was in de facto marital relationship with D, the president of the household store, dialogueed with D as a matter of claims and obligations; and (b) during that process, the victim expressed the wish of the Defendant to the victim.

In misunderstanding, the defendant and the victim have argued each other.

On August 14, 2015, on the ground that the defendant's house at around 09:10, Kimpo-si, F apartment house 103 302 dong-si, Kimpo-si, and the dispute with the victim is bad, the defendant's mobile phone using the defendant's mobile phone to spam and spam the victim's cell phone.

From August 15, 2015 to August 12:41, 2015, the phrase “inducing fears and apprehensions” reached victims repeatedly by means of information and communications networks 77 times, such as the first time table of crime sights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Correction of frequency of transmission of text messages), investigation report (additional text sent by a person who is subject to investigation);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow