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(영문) 서울중앙지방법원 2015.07.21 2014고정3536
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, on October 17, 2010, maintains a marital relationship with the victim C on October 17, 2010 with the victim, who is a foreigner of the nationality of Pakistan.

A person who was living separately from December 2013 is a person who was living separately.

No one shall intrude into an information and communications network without access authority or beyond permitted access authority.

Nevertheless, at around 16:30 on April 7, 2014, the Defendant: (a) contacted the Victim’s Kakaotop (hereinafter “Kaotop”) account using his/her cell phone; (b) contacted the Victim’s Kakaotop (hereinafter “Maotop”) with the Victim’s Kaotop (hereinafter “Maotop”) ID and password; and (c) myliend (hereinafter “Maoli”) posted a photograph taken by the Victim’s and the Victim’s Maripo-Guropo-gu; and (d) 01:27 on April 10, 2014, posted the above pictures by the Defendant’s house using the above methods.

Accordingly, the Defendant infringed on the information and communication network without access authority.

On May 9, 2014, the Defendant: (a) around 11:25, 2014, at the Defendant’s vehicle parked in the front of Dongjak-gu Seoul Metropolitan Government E-gu, brought about a defect in which the victim tried to present evidentiary documents related to the litigation with the victim, and (b) caused the victim to fall out of the car by plucking up the victim’s hand, who tried not to get off the car.

Ultimately, the Defendant committed assault as above, thereby causing bodily injury to the victim, such as kneee, which requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. Each written petition prepared by C;

1. Application of Acts and subordinate statutes of the victim's body photograph, injury diagnosis report, etc.;

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense, and the Act on January 20, 2015.

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