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(영문) 창원지방법원 2018.03.21 2018고정34
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of two million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are in operation of the “Dk Center” in Kimhae-si, Kimhae-si, and they are the relationship between the victim E (M, 68 years of age) and the Kk Center’s name as a trust issue and the relationship between the victims E (M, 68 years of age) and the Kk Center’s name, and there is no good appraisal, and there is a dispute between them, such as mutual

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

1. On June 13, 2017, the Defendant: (a) around 11:06, Kimhae-si, Defendant A, using the Defendant’s handphone on an insular area, using the Defendant’s Handphone, and, in the same manner, Defendant A was less than that of the rear abscopon which is fested by the Defendant’s Handphones. In this context, Defendant A was laid inside the play table in the instant day.

In anywhere, from June 22, 2016 to June 21, 2017, repeated transmission of text messages containing a total of 34 times uneasiness, such as the content written in attached Table (1) from June 22, 2016 to June 21, 2017.

2. 피고인 B 피고인은 2016. 11. 4. 15:46 경 김해시 이하 불상지에서 피고인의 핸드폰을 이용하여 문자 메시지로 “ 너 그 아들부터 먼저 똘 아이 만든다.

On November 4, 2016, from around June 21, 2017 to June 21, 2017, repeatedly sent text messages containing a total of 145 times uneasiness, such as the contents written in the List of Crimes (2).

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense, the relevant law and punishment are selected;

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

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