logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.06.11 2014고정537
정보통신망이용촉진및정보보호등에관한법률위반
Text

1. The defendant shall be punished by a fine of 300,000 won;

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

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or motion picture.

Nevertheless, on July 2, 2013, the Defendant: (a) purchased a second-hand vehicle owned by her husband from the Defendant’s home at Daejeon Seo-gu B and 204, Daejeon, on the ground that the victim C (50 years of age) who purchased a second-hand vehicle owned by her husband did not pay part of the remainder of the purchase; (b) obtained a victim’s cell phone (E) using the Defendant’s cell phone (D) with 3.50,000 won

If there is a shortage, it is necessary to keep the thickness.

The same month, including sending text messages to persons without conscience.

3. At around 10:08, 3.50,000 won of the remains, and is in possession of them.

A person without conscience shall be free from conscience, such as a train, deadly, and wind, the same month.

4. Around 08:12, the Defendant sent text messages to the victim three times, “Abrupted Aba,” thereby distributing information that arouses fear or apprehensions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the text messages Acts and subordinate statutes;

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

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) is that the statutory penalty of the instant crime is imprisonment for not more than one year or a fine not exceeding ten million won. Considering that the Defendant sold the vehicle and was unable to receive the payment, the circumstance is considered.

In light of the content and frequency of the message distributed by the Defendant, fear that the victim s/he was s/he was s/he, and the agreement with the victim is not reached, it is determined that the fine of KRW 300,000 is reasonable and that it is ordered as per Disposition

arrow