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(영문) 인천지방법원 부천지원 2020.05.07 2019고정1019
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall allow any person to repeatedly reach another person in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, at around 10:10 on April 13, 2019, the Defendant sent to the victim B who did not return the insurance money at a place where the location is unknown, and used the Defendant’s mobile phone text message (C) function as the victim’s mobile phone (D). The Defendant used the Defendant’s mobile phone text message to use the victim’s mobile phone (C) text message, which is an information and communications network to cause fears or apprehensions to the victim. In place of the spread of the Plaintiff’s mobile phone, the Defendant’s transmission of the word “the same malicious female will die and die every year every year every year every year every year every year.” Even at this time, the Defendant sent the word “Isn’t kn’s off, which would not cause fears or apprehensions to the victim through the information and communications network over a total of 17 times from that time to July 11, 2019.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Application of the statutes on details of letters;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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