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(영문) 인천지방법원 2016.11.24 2016고정2321
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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

On December 19, 2015, the Defendant sent text messages to the victim D’s cell phone at around 13:26 on December 19, 2015, including sending text messages to the effect that the Defendant’s text messages “I” is stamped with the balance of the passbook at the workplace and the last detailed photograph, and sent text messages to the Defendant by 28 times in total from 16:51 on the same day as indicated in the attached list of crimes.

2. Defamation;

A. On January 1, 2016, the Defendant damaged the honor of the victim D by openly pointing out facts in the place where other employees are heard by the Defendant, other than G, on the following grounds: “D is a man who is an employee working together at the F Working Space of Logistics Enterprises in Seo-gu Incheon, Seo-gu, Incheon, and “D is a man who gets involved to drive away D, and is a person who is not guilty, and is a bad person who is fright to drive away D.”

B. On January 1, 2016, the Defendant, within F of the foregoing paragraph 13:00, damaged the victim D’s reputation by openly pointing out facts in the presence of other employees other than H, on the ground that “B was unaware of Don’s Don. D, a person who is not on the pretext of her director, was guilty, and who was not on the pretext of her director, was deprived of Don’s Don’s Don’s Don’s Don’s Dol’s Dol’s Dol’s Dol’s Dol’s Dol’s la

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G and H;

1. Application of Acts and subordinate statutes concerning mobile phone text attached to a complaint;

1. Relevant Article of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (a point of repeated transmission of the text inducing an imprisonism) concerning criminal

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