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(영문) 춘천지방법원 2014.11.13 2014고정437
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

On December 2013, when the defendant was living together at the victim C and D house in Hongcheon-gun, Hongcheon-gun, the defendant received the request from the victims of the early police in the above residence, and made a unification.

1. On December 6, 2013, the Defendant, in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, against the victim C, sent the victim’s cell phone text messages “at the time of death of the Daner, the Defendant sent the victim’s cell phone text messages “at the present time of the Daner’s death of the Daner, who was the patient at the time of the death of the Daner.” From December 19:43, 2013 to January 22:11, 2014, the Defendant sent the victim’s cell phone text messages at least 55 times in total as indicated in attached Table 1.

As a result, the Defendant repeatedly reached the victim with the language and sound that arouses fear or apprehension through information and communications network.

2. On January 12, 2014, the Defendant, in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., against the victim D, sent text messages “E..” to the victim D’s cell phone around 19:08, and sent text messages to the victim’s cell phone by no later than 19:54 on the same day.

As a result, the Defendant repeatedly reached the victim with the language and sound that arouses fear or apprehension through information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Characters printed out;

1. Application of Acts and subordinate statutes on recording;

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 criminal facts and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the background and non-agreement for the crime.

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