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(영문) 창원지방법원 2013.10.15 2013고정1006
정보통신망이용촉진및정보보호등에관한법률위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant and the victim B were living together for 13 years ago, and the victim C is children of B.

No person shall transmit letters, notes, etc. that cause an apprehension or sense of shame using electronic media.

A. Nevertheless, around August 31, 2012, around 07:59, the Defendant sent to the victim C text messages with a view to: (a) around 07:59, Changwon-si Office Officetel 1-5, that the preceding B would be the hedging and that C would not communicate with the victim; and (b) the Defendant sent the victim C’s text messages with a view to creating uneasiness over three occasions, such as the list 1 in the annexed crime list.

B. On July 16, 2012, at around 07:03, the Defendant sent to the victim B a letter mersh with a view to creating uneasiness over five occasions at the place specified in the foregoing paragraph (a) as shown in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A criminal investigation report (in case of text notes submitted by the complainant);

1. Application of the Acts and subordinate statutes to the complaint;

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 facts constituting a crime;

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

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

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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