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(영문) 대구지방법원 안동지원 2013.10.17 2013고단449
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, there is an unfortunate appraisal by the victim B, who is dissatisfied with the fact that the victim B does not know the defendant.

Therefore, at around 23:25 on December 21, 201, the Defendant’s cell phone was sent to the victim’s cell phone using the Defendant’s cell phone to “in the event that it is opened to the same household phone of the same year, head hump is taken from the door of governance hump, and the head hump is taken,” and thereafter, from around that time to July 21, 2013, 13 times in total, such as the list of crimes, from around 09:25 to around 09:25.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to one coupon (a copy, etc. of text message);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant sent text messages to the victim about 133 times for about one year and six months, and the nature of the crime of the defendant in light of the period, frequency, etc., however, the confession and reflects, the victim who was in relationship with the defendant was committed in the instant case in order to keep the defendant known of the occurrence of the crime. After the instant case, the victim did not contact with the victim, and the defendant did not have any special record of criminal punishment, in addition to the fine prior to the first 35 years prior to the end of the instant case, the punishment shall be determined as ordered by the Disposition.

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