logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2019.05.16 2019고단606
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged reveals that, around 22:00 on April 20, 2018, the Defendant: (a) delivered the leased goods ordered by the victim B to the victim’s front of the office of entrance; and (b) the victim did not receive it; (c) reported the theft of the leased goods to the Kimpo Police Station; and (d) made a false statement that the Defendant did not receive it despite having received the victim’s choice.

On April 23, 2018, the Defendant written indictment around 18:04, and around 16:08, the written indictment was corrected since the content of the 7th text message of evidence records is 18:04, and it is apparent that it is a clerical error.

At the end of Busan-si, the victim sent text messages to the victim using the mobile phone service of the defendant on the ground that the victim made a false statement, stating that “Isn't have to be punished even if Isn's money, Isn't have to do so, even now, Isn't say that Isn't have to do so,” and then repeatedly sent text messages that cause fears and apprehensions to the victim 19 times in total from around that time to May 15:16, 2018, as shown in the attached list of crimes.

2. According to Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), an act of repeatedly reaching another person in the form of code, words, sound, image, or image that arouses fear or apprehension through an information and communications network is punished. “ repeatedly reaching the language that arouses fear or apprehension” means “a series of acts transmitting words that may cause fear and apprehension to the general public in light of social norms, by making them open to the general public and uncomfortable, and without speaking, without speaking,” and “a series of acts transmitting words that may lead to a sense of peace or apprehension” (see, e.g., Constitutional Court Order 2014Hun-Ba434, Dec. 29, 2016).

arrow