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(영문) 창원지방법원 2020.09.10 2020고단1777
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, around August 18, 2019, the Defendant sent a text message to the victim B (here, 38 years of age) who worked together at the store for selling Buddhist goods for three years prior to the end of the year period, using the Defendant’s mobile phone (C), stating that “I am friened with the same strings as the friened gue, so far as I am frien, I am emlle with the bones of the bones,” and then sent a text message to the victim from August 10, 2019 to February 4, 202 in the same manner as indicated in the attached list of crimes, which arouses fear or apprehension in total 141 times every 13 times.

As a result, the Defendant repeatedly sent sign, words, sound, image, or image that arouses fear or apprehension through information and communications network to another person.

Summary of Evidence

1. Application of Acts and subordinate statutes on written statement by the police to the victim who has made a court statement;

1. Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and 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.

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various sentencing factors as shown in the records and arguments, including the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: The instant crime is committed by the Defendant repeatedly sending text messages, etc. that may cause fear and fear to the victim over a considerable period of time, and the nature of the crime is poor in light of the period and frequency of the crime.

The crime of this case is committed.

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