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(영문) 광주지방법원 2018.05.10 2017고정1935
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall repeatedly reach another person with any code, text, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, the Defendant, using his mobile phone (B) on August 27, 2017, receives a call from the victim C (59 years old, female) to the 'C' hand number (D) at around 20:19 on August 27, 2017.

E The term 'E' sent the issue message to October 24, 2017, including the sending of the message of the contents, until October 22:50, 2017, sent the text message, voice message, or repeatedly sent the message, voice message, or sound in total 13 times, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Recording notes of a voice camera;

1. Application of water-related Acts and subordinate statutes by cutting down the course of a recording of the telephone or by cutting down the contents of a pen;

1. Article 74 (1) 3 and Article 44-7 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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