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(영문) 서울중앙지방법원 2017.04.14 2016고정4057
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,700,000.

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

Reasons

Punishment of the crime

"2016 High 4057"

1. On August 11, 2016, the Defendant infringed upon a residence: (a) around 23:00, the Defendant was able to avoid disturbance between approximately 30 minutes, including the victim’s initial strings from the front corridor of 201 where the victim resides and walking the victim’s house door from the front corridor of 201.

Accordingly, the defendant invadedd the victim's residence, thereby harming the peace of residence.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow any person to reach another person repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, around August 4, 2016, the Defendant sent a sound four times as shown in the daily list of crimes in attached Form 4, to the cell phone of the victim D (n, 43 years of age) at an irregular area in Seoul and below.

Accordingly, the Defendant repeatedly reached the victim with the sound that arouses fear and apprehension through information and communication network.

On January 26, 2017, the Defendant: (a) around 23:24 on January 26, 2017, 2017, the Defendant was unable to avoid the disturbance between 3:20 minutes of the Victim’s house, on the ground that the Defendant was going to the second floor stairs of the victim’s husband in the front corridor No. 201, where the victim resides, and the Defendant was unable to pay the money from the victim’s husband F in the front corridor; and (b) 3:0 minutes of the Victim’s house, such as taking the back of the victim’s house, walkinging the door of the victim’s house.

Accordingly, the defendant invadedd the victim's residence, thereby harming the peace of residence.

Summary of Evidence

"2016 High 4057"

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. Each report on investigation;

1. On-site photographs, recording, recording, cd, and each recording of telephone conversations (the defendant and defense counsel asserts that there was no fact that the defendant and defense counsel did not commit a crime as set forth in paragraph 1 of the judgment of the defendant.

However, according to each evidence of the judgment, the defendant is the victim at around 22:27, the day of the case.

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