(영문) 창원지방법원 거창지원 2017.05.19 2017고단97

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줄 간격

자간(%)

(영문) 창원지방법원 거창지원 2017.05.19 2017고단97

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network in which he/she repeatedly arrives to any other person in the form of code, text, sound, image, or picture.

Nevertheless, at around 20:57 on December 3, 2016, the Defendant sent a written message to the victim D using the Defendant’s mobile phone in the Defendant’s residence, stating that “on the part of the Defendant’s mobile phone, she would be able to see that the Defendant would be able to walked to the dead person, and that she would be able to think of the pattern, and that she would live equally and promptly.” From March 7, 2016 to December 25, 2016, the Defendant sent a written message by the said method 48 times in total, as indicated in the attached list of crimes, so that the victim reached fear or apprehension through an information and communications network repeatedly.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A written complaint filed by D, a written application for carbon;

1. Characters of the images of the text message;

1. The Defendant and his defense counsel asserted to the effect that, in light of the period of sending the Defendant’s text message to the victim and the amount and content of the text message, it is difficult to view that the Defendant repeatedly sent the text message to the effect that it is difficult to see that the content of the message is an uneasiness. However, according to the evidence above, it can be recognized that the Defendant sent the text message to the victim repeatedly immediately after the release, and that the Defendant was punished for committing a crime against the victim and his/her family members before the release, it can be sufficiently recognized that the Defendant’s repeated text message would cause uneasiness, and thus, criminal facts are guilty.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

유사 판례

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