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(영문) 서울중앙지방법원 2019.06.13 2018노3693
정보통신망이용촉진및정보보호등에관한법률위반
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles and unreasonable sentencing)

A. The text messages sent by the Defendant to B cannot be deemed as a content that arouses fear and apprehension.

B. It cannot be deemed that the Defendant sent text messages repeatedly to B.

C. The punishment (fine 3 million won) sentenced by the court below is too unreasonable.

2. Determination

A. The Defendant is a person conducting auction business, and B (53 years of age, female) is a public official working as the C team leader at the Dongjak-gu Seoul Metropolitan Government Office in the Nowon-gu Seoul Metropolitan Government Nowon-gu.

On September 21, 2017, the Defendant received text messages with B from around 13:0 on September 21, 2017, and, from around 1:50 on June 4, 2018, took advantage of B’s mobile phone (G) using his/her mobile phone (F) in the ancient City, Seoyang-gu D apartment, and the former residential area in E.

The salary will be seized.

It will take place an auction of shares such as bond holders.

We need to receive unjust enrichment from the face of the Gu's office with a view to the protection of unjust enrichment.

In a disguised transfer, civil petitions shall be placed in the Seoul Metropolitan Government Audit Office.

‘The text messages,' have reached repeatedly in several times, such as the attached list of crimes.

As a result, the Defendant repeatedly reached B any code, words, sound, image, or image that arouses fear or apprehension.

B. The lower court determined that the facts charged were recognized according to the evidence duly admitted and investigated by the lower court.

C. 1) The Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”)

Article 74 (1) 3 and Article 44-7 (1) 3 are punished for repeatedly reaching other persons in the form of code, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network. The phrase “the act of repeatedly reaching the text that arouses fear or apprehension.”

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