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(영문) 대전지방법원 천안지원 2012.10.09 2012고정200
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, “2012 Go fixed 200,” was a student who took a mental analysis lecture from the victim B, and had the victim love, and had the victim divorced, and had the victim married with himself/herself.

Thus, on May 1, 2009, the Defendant sent the victim’s e-mail to the effect that “a person is divorced from his wife and married with his wife,” and “if she is not married with her wife, she will die and her wife will also die with her will.” In addition, from around the above time to June 15:32, 201, the Defendant sent e-mail that arouses fear and uneasiness over about 20 times, such as the list of crimes in the annexed list, to June 22, 201.

The defendant of "2012 High 457" is a student who took a mental analysis lectures to the victim B, and is a person who loves the victim.

On November 15, 2011, at around 23:25, the Defendant sent to the complainant B, using e-mail at one’s own room located in Gwanak-gu in Seoul Special Metropolitan City, a letter stating “Efrecing” to the victim B, i.e., “Efrecing and prompting our first love.” and sent the phrase “from November 15, 2011 to January 26, 2012, the Defendant, as indicated in the list of crimes, reached the victim repeatedly over 108 times in total.

Summary of Evidence

"2012 Highly 200"

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. B accusation;

1. Contents of each e-mail;

1. Each police investigation report "2012, 457";

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. B accusation;

1. Contents of each email;

1. Application of each police investigation reporting statute;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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