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(영문) 제주지방법원 2014.08.13 2014고정567
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or motion picture.

Nevertheless, the Defendant, from January 8, 2012 to January 14, 2014, sent a text message stating that “The victim C (the age of 46) who was going into a tobacco relationship from around December 2012 requires the Defendant to be hedging, and went together to the victim on the ground that he would avoid contact. On January 13, 2014, the Defendant sent a text message containing the Defendant’s cell phone (D) to the victim’s cell phone (E) using the Defendant’s cell phone at the place of in Jeju-do, so as to cause fear or apprehensions by sending text message about 60 times in total from January 8, 2014 to January 14, 2014.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes to photographs of text messages;

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 sentencing of Article 334(1) of the Criminal Procedure Act reflects the reasons for the provisional payment order, including the relationship between the defendant and the victim, the circumstances leading to the crime, and the fact that there is no previous conviction.

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