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(영문) 의정부지방법원 2021.01.11 2020고단5355
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No one shall allow any person to reach another person repeatedly in the form of code, language, or picture creating fear or apprehension through an information and communications network.

At around 02:33 on May 9, 2020, the Defendant sent the victim’s message, in total seven times from the same day, including, but not limited to, the following: (a) by accessing the C cafeteria located in Gyeonggi-si B, to his own cell phone to “Stockholm”; (b) transmitting a male sexual image to the cell phone of the victim D (the 21 year old); and (c) sending the message, “The sound or the string of which is deemed to be a drum for the opening of the drum,” “the string of the opening in which the 63 building was entered, deemed to be a drum for the drum,” and “the hing of the shot in which the shot in the 63 building might be deemed to be a drum,” and (d) transmitting the message to the victim seven times in total from the same day to the 02:51 day.

Accordingly, the defendant reached repeatedly the text that arouses fears or apprehensions to the victim through information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (additional statement of a victim), and a photographic of text conversationss;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. for Criminal Facts (including the selection of punishment, the first crime and the second crime, and the second violation thereof, etc.);

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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