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(영문) 서울서부지방법원 2020.05.07 2020고단546
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, the defendant known the victim's number by lending his/her mobile phone from the victim B to his/her own mobile phone, and requested the victim to teach the victim by phoneing.

Therefore, even though the victim called the victim's speech that he did not contact, around 11:48 December 2, 2019, the victim called the victim, called the victim, called the victim in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and sent the victim a telephone or a text message 69 times in total from around 2017 to January 7, 2019, as shown in the list of crimes in the annexed sheet of crimes, such as making the victim run as if he or she had sexual intercourses with the victim.

As a result, the Defendant repeatedly reached the victim with the language and sound that arouses fear or apprehension through information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The photograph of a mobile phone call or of a e-mail closure;

1. Application of the Act and subordinate statutes to a criminal investigation report (to attach data on Kakakao Kakao ine dialogue exchanged between victim and suspect);

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. concerning the relevant criminal facts, and the selection of fines;

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

1. According to Article 334(1) of the Criminal Procedure Act, the punishment shall be determined as ordered by comprehensively taking into account the criminal records of the defendant, the criminal records of the sentencing reason under Article 334(1) of the Criminal Procedure Act, as well as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and

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