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(영문) 대전지방법원 2014.12.18 2014노1728
정보통신망이용촉진및정보보호등에관한법률위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

(In fact, it is true that the Defendant sent text messages to C as stated in the facts charged in the judgment of the court below, but this was not intended to cause C to feel fear or apprehension, and the frequency of sending text messages is only four times and it is difficult to view it as repeated acts.

Therefore, the judgment of the court below which found the defendant guilty without establishing the crime of violation of Information and Communications Network Utilization Promotion Act was erroneous or erroneous.

Judgment

The summary of the facts charged in the instant case is that no person repeatedly arrives at another person using the information and communications network in the form of any codes, language, sound, image, or motion picture that arouses fear or apprehension. However, the Defendant sent to the other party a letter containing the words "component" on November 05, 2013, using B's mobile phone around 2:46 p.m. and 2:46 p.m., with the victim C's mobile phone, making a recording and having the victim's cell phone D, and having the victim use the phone known as a criminal complaint through the information and communications network, and even if he/she did not believe it, he/she received it, thereby reaching the delivery of a letter containing the words "componing".

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