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(영문) 의정부지방법원 고양지원 2017.10.17 2017고정373
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant refers to the Defendant: (a) from around 14:21 on October 201, 2016 to around 17:26 on October 108 of the same year, to the end that the Defendant sent C’s letters at an irregular place.

Despite the warning of the victim, the victim's cell phone D, "I wish to report the victim's cell phone D with the victim's cell phone," such as the list of crimes.

Definite and defamation complaint

How much the desire of the family to be able to keep his or her family in mind is

From the beginning of the word “Irreh”, a total of 169 letters were repeatedly transmitted to the victim to create uneasiness by the last letter “Irreh until Irreh.”.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Anthrax;

1. Letters (In full view of the developments leading up to sending the instant text message, the relationship between the Defendant and the victim, the content of the text message, and the period and frequency of sending the text message recognized by each of the above evidence, it is reasonable to view that the above act by the Defendant’s above act constitutes an act of repeatedly reaching the text that arouses fear or apprehension through an information and communications network.)

Application of Statutes

1. Article 74 (1) 3 and Article 44-7 (1) 3 (generally, choice of fines) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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