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(영문) 서울동부지방법원 2019.05.08 2018고정672
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

No one shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, at around 12:55 on February 3, 2017, the Defendant sent the victim D (the 38 years of age) with the content that “I am fabs nationwide fraud, I am fabs, I am fabs, I am fabs, I am fabs, I am fabs, I am fabs, I am fabs, I am fabs, I am fabs)” at the Defendant’s residence in Seongdong-gu Seoul building B and C, and then, from that time until April 14, 2017, the part Nos. 36 through 41 in the sequence 25

As described in the statement, the text that arouses fear and apprehensions over a total of 50 times reaches the victim repeatedly.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to the content of documentary evidence (including photographs);

1. 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. concerning criminal facts and the selection of fines for negligence;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the overall E message sent by the Defendant and the defense counsel’s arguments, the Defendant and the victim are in dispute with each other, and the Defendant and the victim unilaterally do not send the victim the message, and thus, the entire conversation, not a series of repetitive acts, was made several times, and the content of the text message sent by the Defendant does not constitute the contents that arouse fears or apprehensions. Thus, the text message sent by the Defendant does not constitute the content that arouses fears or apprehensions. Therefore, the text that the Defendant would cause fears or apprehensions.

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