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(영문) 서울중앙지방법원 2021.02.25 2020고정2267
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

On May 19, 2020 to June 19:15, 2020, the Defendant sent a total of 198 text messages as indicated in the Defendant’s list of crimes, such as: (a) from around 09:50 on May 19, 2020 to around 09:15, on the ground that the Defendant’s care victim B did not properly support the Defendant’s mother; and (b) using the Defendant’s mobile phone (C), “for a brued year in which the fluent mother is left alone”; (c) “for a year in which the fluent mother is left alone”; (d) “a year in which the fluent mother is left,” “a year in which the fluent mother is left”; and (e) “a period in which the Defendant

In other words, information that arouses fear and apprehensions through information and communication network has reached victims repeatedly.

[Defendant asserts that the text message sent by the Defendant is merely an indication of the victim's behavior and words, but cannot be seen as an expression of fear or apprehension.

However, in full view of the evidence duly adopted and investigated by this Court, the Defendant was treated unfairly by the victim’s mother.

As indicated in the facts of the crime alleged in the judgment, it can be acknowledged that the Defendant sent the victim’s text message more than 198 times. The content of the Defendant’s text message is to give notice of harm and injury, such as “influencies,” “years,” and “influence,” and it seems sufficient for the victim to arouse uneasiness, and it cannot be deemed that it is merely a abusive or excessive expression. The act of sending each text message is closely related with each other, such as the temporary and temporary distance of the place, the similarity of the method, the same opportunity, and the continuation of a criminal intent, and the victim also made a statement at an investigative agency that “influencies caused the above message” and received hospital treatment.

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