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(영문) 대구지방법원 2017.01.18 2016고정2509
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, the Defendant’s text message at Daegu siwon, such as Daegu siwon, using his own mobile phone to the victim B’s mobile phone on July 19, 2016, stating that “Before the opening of the company back to the Han River,” and the Defendant’s text message around July 21, 2016, as follows: “I am able to keep his personal records of “I am me see how I am am me am am bling.”

As a series of movable properties in the planning department, the general public shall be treated as soon as possible, and “Isknnae by destroying the family of a plnered year,” and “Isknae”

By July 24, 2016, the same text message was sent equally, including the transmission of the text message “Stoma”, and sent text message more than 12 times in total by July 24, 2016, as shown in the list of offenses.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Letters;

1. Application of Acts and subordinate statutes to report on investigation (report on the examination of residence and place of crime);

1. Article 74 (1) 3 and Article 44-7 (1) 3 (generally, choice of fines) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, and Articles 74 (1) 3 and 44-7 (1) 3;

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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