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The defendant shall be punished by a fine of KRW 700,000,000, but if the above fine is not paid, KRW 100,000,000 shall be one day.
Reasons
Punishment of the crime
1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall distribute information with a content that arouses fear or apprehensions to other persons repeatedly through information and communications networks;
피고인은 2015. 12. 2. 17:17경 불상의 장소에서 피고인의 휴대전화(C)를 이용하여 피해자 D의 휴대전화(E)로 ‘상간년이 옆에 살아요 오며 가며 패주려고 합니다 그년보다 내가 키도크고 나이도 적고 힘이 쎄거든요 뒈지게 패 죽여놓고 벌금 내면 됨, ㅅㄱㄴ(‘상간녀’를 의미함)치고 또 치고 지긋지긋하게 죄값을 응징 해줘야겠지요’라는 내용의 글이 담긴 문자메시지를 보낸 것을 비롯하여, 2015. 11. 26. 23:23경부터 그해 12. 25. 07:58경까지 별지 범죄일람표 기재와 같이 총 15회에 걸쳐 문자메시지를 보내는 방법으로 피해자에게 공포심이나 불안감을 유발하는 글을 보냈다.
Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.
2. On December 27, 2015, around 07:00, in front of the victim’s house located in the Nam-gu Seoul metropolitan area F and 202 Dong 503, the Defendant made a public insult of the victim by stating that, while the said apartment security guard was reported by G, the above apartment security guards, the above house door door door door door door was opened, and that, “I have winded with her husband within the Dokb Bab, and we have come to go to know,” the Defendant made a public insult of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D, G, H and I;
1. Examination protocol of suspect of the police accused;
1. Each statement of the police about D and G;
1. Application of Acts and subordinate statutes to the accusation, mobile phone messages, etc. and copies thereof;
1. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. for criminal facts, and Article 311 of the Criminal Act.