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(영문) 대전지방법원 천안지원 2017.03.30 2017고정155
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 9, 2016, the Defendant sent the Defendant’s voice message at the Defendant’s residence located in the Northern-gu, Seocheon-gu, Seocheon-si, Seocheon-si, and the Defendant’s husband’s mobile phone (C), with the Defendant’s mobile phone (C), to 36 years old mobile phone (F). The Defendant’s husband’s mobile phone (C), and sent the Defendant’s voice and the Defendant’s voice using the Defendant’s mobile phone (C) to the Defendant’s husband E (F) mobile phone (F). The Defendant’s message should be changed to the Plaintiff’s mobile phone (F). The Defendant’s message and the Defendant’s voice will be changed to hick-si in this year, hick-si, the Defendant’s telephone number in the same year, hick-si, and hick-si, the Defendant sent the Defendant’s voice message and the Defendant’s voice message that was created to the Defendant’s mobile phone through six (6) times from that time to August 10, 2016.

Ultimately, the Defendant had repeatedly reached the other party the language or sound that arouses fear or apprehension through the information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (E);

1. Application of the Acts and subordinate statutes governing filing of a complaint and accompanying documents;

1. Article 74 (1) 3 and Article 44-7 (1) 3 (including inclusive) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the choice of fines, and the selection of fines;

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

1. The Defendant’s age, sexual behavior, environment, etc., including the sound and text messages on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of fear and apprehensions that the victim was suffering, the Defendant’s motive, and no record of criminal punishment, and other circumstances indicated in the argument of the instant case, shall be determined by taking into account the following factors: (a) the Defendant’s age, sexual behavior, and environment; and (b) the sentence as ordered.

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