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(영문) 서울서부지방법원 2015.10.23 2015고정1326
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant and the victim B were first in the event of “D” hosted by C Cultural Center around July 21, 2014.

From July 29, 2014 to April 24, 2015, the Defendant sent four voice messages to the cell phone of the victim, 210 text messages, and 66 Kakaox messages, as indicated in the list of crimes, and repeatedly sent the victim’s cell phone, despite the Defendant expressed his/her intention of refusal several times at the Defendant’s residence, from July 29, 2014 to April 24, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the relevant Acts and subordinate statutes to photograph documentary evidence, photograph by cutting down a victim mobile phone, CD on a voice message, or photograph by cutting down a suspect mobile phone;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of fines for negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides the defendant with comprehensive consideration of the defendant's age, character, conduct and environment, including the frequency, period and contents of sending the text message as indicated in the sentencing ground, the degree of damage inflicted on the victim by such message, the circumstances after the crime, the primary offender, and other circumstances.

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