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(영문) 서울중앙지방법원 2017.05.11 2017고정547
정보통신망이용촉진및정보보호등에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. A Defendant who violated the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc.: From around July 29, 2016 to around 18:28.

8.3. From March 22 to December 23, 200, in his own residence located in Jongno-gu Seoul, Jongno-gu, Seoul, the victim’s cell phone, “I will find her house, her fly fly fly fly fly fly fly D,” “I will her fly fly fly fly fly fly fly fly fly fly feas,” and “I will feas fembly feas,” and I sent 85 text messages, such as written in the list of crimes, “I will feas fy fy fly fly fly feas.”

As a result, the Defendant repeatedly delivered to the victim any codes, text, sound, image, or picture that arouses fear or apprehension through information and communications networks.

2. In around 18:28 on July 29, 2016, the Defendant sent the victim’s cell phone as indicated in the above paragraph 1 at the place indicated in the said paragraph 1, “I will find her home, not her fly fly, her at home,” and the victim’s cell phone on the same day 21:34 on the same day, she was her fry that “I will her her sonly her fly fly fly fly her at the end.”

B. (B) Transmission of the text message, etc. from around that time to August 3, 2016, sent the same text message as indicated in the list of offenses between the victim and his/her family members, such as the victim’s wife, etc., and then threatened the victim by notifying the victim of harm and injury as if the victim’s father and the family members, etc. were aware of the educational agenda between the victim and the victim as described in the said paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. for a criminal fact (a comprehensive statement of intent to arouse fear or apprehension), and Article 283 of the Criminal Act.

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