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(영문) 서울남부지방법원 2018.06.21 2017고정848
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. No person prosecuted shall allow any person to repeatedly reach another person in the form of code, text, sound, image, or picture creating fear or apprehensions through an information and communications network;

Nevertheless, around July 18:07, 2014, the Defendant took advantage of his mobile phone (B) in C’s mobile phone (D) with “C and depth, and borrowed a letter.”

In this paper, media report data on the manipulation was sent to the main day.

If a letter is borrowed, legal countermeasures will be taken.

The professors around the world also see that four degrees of dissertations were fabricated.

In some cases, the degree will be revoked if the degree has been operated.

Cper sent the victim’s text message, “I will make a lifelong meeting if you borrow a letter,” and sent the victim’s text message or e-mail at least nine times on August 15, 2016, as shown in the list of offenses.

As a result, the Defendant repeatedly reached C with the language that arouses fear or apprehension.

2. Determination:

A. Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. of Information and Communications Network Act punish the act of repeatedly reaching other parties any codes, language, sound, image, or motion picture that arouses fear or apprehension through an information and communications network.

Here, whether “the act of repeatedly reaching another person” constitutes “an act of causing fear or apprehension” ought to be determined by comprehensively taking into account the contents of the text sent by the Defendant to the other party and the method of expression, the implications of the expression, the relationship between the Defendant and the other party, the developments leading up to sending the text, the frequency of sending the text, the circumstances before and after, and the situation faced by the other party, etc. (see Supreme Court Decision 2013Do761, Dec. 12, 2013). In addition, the crime committed in this context refers to a certain act of creating anxiety for the other party using an information and communications network as defined in the foregoing provision,

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