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(영문) 울산지방법원 2013.06.28 2012노879
정보통신망이용촉진및정보보호등에관한법률위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The text message of this case sent by the Defendant does not contain fear or apprehension, and it is merely three times to send text messages, and it is difficult to see it as repeated acts, and the Defendant’s act is to urge repayment of debt, which does not violate the social rules. However, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (the fine of KRW 500,000) is too unreasonable.

2. Determination

(a) The summary of the facts charged shall not allow anyone 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;

1. On May 3, 2012, the Defendant sent to the victim’s mobile phone (F) a cell phone using a mobile phone (E) for the reason that the victim D, who was married through the introduction of the C company run by the Defendant, did not pay the marriage marriage fee, at around 09:30 on May 3, 2012.

If we look at the macroscopic system, you can see the subjects in the wedding hall.

The Defendant sent text messages to the victim and sent them to the victim, which caused apprehensions, “IsnnaG number,” from time to time. On the same day, around 14:51, the Defendant sent text messages to the victim’s cell phone in the same manner as described in paragraph (1) at the insular area below Busan, around 14:51, and at the same time, at the time of marriage that A sent to the victim’s cell phone on March 3, 200, the Defendant was 1,00 won in the wedding hall before the wedding ceremony and 2,30 days in March.

The cost of KRW 00,000 and KRW 00,000.

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