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(영문) 서울북부지방법원 2019.10.17 2019고정802
정보통신망이용촉진및정보보호등에관한법률위반등
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

1. No person who violates the Act on Promotion of Information and Communications Network Protection, etc. shall make any codes, words, sound, image, or motion picture that arouses fear or apprehension reach another person repeatedly through information and communications networks;

Nevertheless, at around 00:02 on September 21, 2018, the Defendant had relations with the Defendant using his/her mobile phone.

Along with the transmission of text messages to the victim B (the age of 23), “I am ...” from that time to 17:17 of the same month, the text messages sent to the victim B (the age of 23) were sent to the victim through an information and communications network in a total of 80 times in the same manner as indicated in the attached list of crimes, and repeatedly sent the text messages causing fears or uneasiness through an information and

2. No person who violates the Punishment of Minor Offenses Act shall continuously attempt access against the clearly expressed will of the other party to meet or teach him/her, or repeat any such act as complying with, complying with, or waiting for him/her;

Nevertheless, on January 15, 2019, around 17:01 on the same day, around 20:23 on the same day, around 16:17:44 on the 16th day of the same month, the Defendant found in the subway 1 line security air room in Jongno-gu Seoul, Jongno-gu, Seoul where the victim was in office, opened the office door, and repeated the act of protecting the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. E details submitted by the complainant;

1. Application of statutes to images (videos in which a suspect has found the office of a victim) submitted by the complainant;

1. Article 74(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts, Articles 44-7(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (In general, repeated transmission of letters causing fear or apprehensions), Article 3(1)41 of the Punishment of Minor Offenses Act (the fact of continuous harassment), and each fine is selected.

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