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(영문) 수원지방법원 2016.01.08 2015고정529
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 12, 2014, the Defendant sent a text message to the victim G, who is a vegetant, at around 07:38 at his house, X, X, 310 10 dong 103, and from that time, from that time, the Defendant sent to the victim G’s cell phone, “if a person wears the crime and the body of his/her own, he/she should always see that he/she complies with the body of his/her body.” Until July 30, 2014, the Defendant sent a text message to the victim 34 times in total, as shown in the list of crimes.

The article that arouses fears and apprehensions through information and communications networks has reached the other party repeatedly.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to evidence 1, 2

1. Article 74 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, and Article 74 (1) 3 of the same Act (generally, selection of fines);

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;

1. The Defendant’s assertion as to the Defendant’s assertion under Article 186(1) main text of the Criminal Procedure Act asserts that, in light of the relationship between the Defendant and the victim, his father and the victim’s situation where the Defendant was unable to properly look at the open mother’s right and the circumstances where the Defendant sent the text message, the Defendant’s message sent cannot be deemed to constitute “the text that arouses fear or apprehension,” and even if it falls under it, it cannot be said that it contravenes social norms.

The following circumstances revealed in accordance with the evidence of the judgment, namely, ① the Defendant and the victim were in extreme dispute at the time between South and North Korea on the family register, ② the Defendant sent the text message from time to time without leaving about 50 days at night (in the case of a new wall 05:19), and the Defendant sent around 00:20 at night.

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