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(영문) 서울동부지방법원 2017.01.25 2016고정1298
정보통신망이용촉진및정보보호등에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall allow anyone to repeatedly reach another person with words causing fears or apprehensions through an information and communications network.

1. On June 28, 2014, the Defendant served as the head of the general affairs department in the same workplace in the Defendant’s residence located in Songpa-gu Seoul Metropolitan Government D around 01:08, and as the head of the general affairs department in the same workplace.

In the event of conflict between E and the selection of a available business entity and the bid problem, the victim C, who is the same, repeatedly sent a text message that causes fear or apprehensions to the victim at least 90 times in total, from the time to December 30, 2015, by using the Defendant’s mobile phone to transmit the victim’s mobile phone with the text message stating “Neman Da,” “Ne Da,” and then by using the Defendant’s mobile phone, from time to December 30, 2015.

2. On July 25, 2014, the Defendant: (a) on July 25, 2014, at the Defendant’s residence located in Songpa-gu Seoul Songpa-gu, Songpa-gu, Seoul; (b) on the ground that the Victim F makes himself/herself with E; and (c) on the Victim’s mobile phone using the Defendant’s mobile phone, I asked the Victim F’s cell phone.

In addition, from July 10, 2015 to July 10, 2015, Nan G and F Department sent text messages that cause fears or apprehensions to the victim more than 35 times in total, such as the case of [Attachment 2] List of Offenses No. 2].

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Application of each text message statute;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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