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(영문) 수원지방법원 안산지원 2017.05.25 2016고정1002
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

If the defendant does not pay the above fine, he shall be 100.

Reasons

Criminal facts

No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, the defendant, around February 22, 2015, delegated the 9 cases to the previous victim on February 22, 2015, in the course of handling the nine cases, he/she had the victim lose the defendant's lawsuit with the party to the lawsuit, etc. using the cellular phone, who used the cell phone to say that the victim "I have come to know that he/she has come to face with the other party"

There is fraud, and the message was sent to the effect that the message “Woo-man who will be able to know the correspondence without the mind of the party”, and the message was sent repeatedly from February 21, 2015 to April 6, 2015, which caused fears and uneasiness 24 times in total, as indicated in the attached crime list, from February 21, 2015 to April 6, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the data to capture letters and the details of text messages received messages;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the elective Use of Information and Communications Network and Information Protection, Etc. concerning facts constituting an offense (excluding punishment) and Articles 74 (1) 3 and 44-7 (1) 3;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the age, gender, and environment of the defendant, the circumstances leading to the crime of this case, the means and result thereof, the circumstances after the crime, the number of similar cases, and other various conditions of sentencing as shown in the argument of this case, shall be taken into account, and the following circumstances shall be taken into account in particular: there are no records of criminal punishment in favor of the victim who wants to be punished:

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