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(영문) 창원지방법원 거창지원 2016.09.21 2016고정75
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network in which he/she repeatedly arrives to any other person in the form of code, text, sound, image, or picture.

Nevertheless, on July 21, 2014, at around 19:34, the Defendant used the Defendant’s mobile phone in the Defendant’s residence located in Gohap-gun B, Gyeongcheon-gun, and used the Defendant’s mobile phone as the victim C’s mobile phone.

In money, the message sent from October 27, 2012 to December 31 of the same year, 2012, which arouses fear that this time would cause fear of death of the party, and, as described in the attached Table 1 to 4, from July 20, 2014 to February 6, 2015, repeatedly sent the message that arouses fear of fear on a total of 24 occasions, such as the statement in paragraphs 5 to 28 of the said Table of crime sight, to deliver it to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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 Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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