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(영문) 인천지방법원 2018.03.30 2018고정250
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 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, the Defendant, on September 6, 2017, has an inhuman relationship with the husband of the Defendant C (V, 50 years old) prior to the Non-Party B B lending in Bupyeong-si, Bupyeong-si, Seoul, 2017.

I think the defendant's mobile phone sent the victim's mobile phone with the word "I will see that I will see that I will see the victim's cell phone that "I will see the victim's husband's signal by not later than 2 days before the day, so I will see that I will see the new phone termination made by I will see because I will see the victim's seat," and then send 31 letters which could cause fear or apprehension, such as Nos. 1 to 31, 2017, from the above day to November 9, 2017.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.

2. On November 14, 2017, around 20:00, the Defendant reported that the Victim C (Woo, 50 years old) was her husband in Seo-gu Incheon, Seo-gu, Incheon, and that the Defendant was her husband, and that the Defendant committed assault, such as the victim’s her husband, her husband, her husband, and her fluencing her head three times.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement protocol;

1. C’s petition;

1. Application of Acts and subordinate statutes on internal investigation reports (referring to the attachment of letters and telephone details data);

1. Article 74 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. for Criminal Facts, Article 74-7 (1) 3 of the Act on Promotion of the elective Use of Information and Communications Network and Protection, etc. (including the fact that repeatedly satisfies the language that arouses fear or apprehension), Article 260 (1) of the Criminal Act, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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