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(영문) 서울남부지방법원 2014.08.26 2014고정1964
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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 creating fear or apprehensions by using an information and communications network.

Nevertheless, from July 31, 2013 to December 15, 2012, the Defendant repeatedly delivered text messages that cause fear to the victim, such as “I ambling, where I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambly managing I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambred.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on the screen of a complaint, a text message closure;

1. Relevant legal provisions and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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

1. The Defendant asserts to the effect that prior to the instant case, the Defendant sent text messages containing the content that the victim defames the Defendant at least 23 times prior to the instant case, and that the Defendant sent text messages, such as the instant facts charged, to respond to the victim’s act by sending text messages in the same way as that of the instant facts charged, does not cause apprehensions to the victim.

Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. are punished for “a person who repeatedly sends words, etc. causing fears or apprehensions to other persons through information and communications networks.”

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