logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.11.11 2016고정572
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. No person prosecuted shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehensions through an information and communications network;

Nevertheless, at around 11:34, August 23, 2015, the Defendant sent a text message stating that “I cannot see the victim’s mobile phone (E)” using his mobile phone (C) to the victim D’s mobile phone (E), and then sent a text message stating that “I am aware that the assault and injury of the party is a social punishment. I am aware of the social punishment,” from that time until September 12:51, 2015, the Defendant sent a text message containing a total of 80 times as indicated in the attached list of crimes.

As a result, the Defendant reached the victim repeatedly through the information and communications network the text that arouses uneasiness.

2. We examine whether text messages as indicated in the facts charged constitute a language that arouses fear or apprehension.

In light of the relationship with the Defendant and the victim, the background leading up to the dispute, the overall text message and the method of expressing text messages, and the developments leading up to dispatch, etc., the evidence alone presented by the prosecutor is insufficient to readily conclude that the Defendant’s act as stated in the facts charged constitutes “the act of having the other party reach the other party repeatedly,” and there is no other evidence to acknowledge it.

(See Supreme Court Decision 2013Do7761 Decided December 12, 2013). A.

On July 22, 2015, the letter of this case was closed between the defendant, who is the nurse of G Hospital, and the victim, who is the chief of the department of the department of the department of the department of the hospital, in the telephone call, and the defendant did not receive the telephone, and the victim, who was withdrawn at around 22:00 on the same day, re-exple the defendant who was in the middle of the day, and the defendant was asked for the presence of the defendant.

arrow