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(영문) 울산지방법원 2019.01.31 2018고정1055
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall repeatedly deliver information with a content that arouses fear or apprehension to any other person through an information and communications network, in a way that such information shall reach another person repeatedly in the form of code, words, sound, image, or motion picture.

Nevertheless, at around August 18, 2018, at around 21:59, the Defendant sent text messages containing the Defendant’s cell phone from the Defendant’s residence located in Ulsan-gu B, Ulsan-gu, and sent text messages that cause fears or apprehensions over 17 times in total, as shown in the attached Table of Crimes (i.e., the Defendant’s cell phone, and 28 years old) to the Defendant. The Defendant sent text messages containing the contents of “C’s life in Ulsan-gu.” In addition, from the aforementioned date to September 22:16, 2018, the Defendant sent text messages that cause fears or apprehensions over 17 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of D text messages);

1. Relevant legal provisions and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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

1. Comprehensively taking into account the fact that there is no criminal record of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the fact that the victim has sent a number of aggressive text messages to the defendant;

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