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(영문) 수원지방법원 2015.07.15 2015고정444
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On October 10:23, 2013, the Defendant sent text messages using the mobile phone (C) used by the Defendant to “Adrogate (E) with the content that “Adrogate has been repaid for five years in the night.” From that time, the Defendant sent text messages from October 20, 2013 to October 41, 2013, which are the same as the table of crime Nos. 1 through 9 of the annexed list of crimes, to the victim, and repeatedly sent text messages that cause fears or apprehensions.

B. On July 15, 2014, at around 13:28, the Defendant sent text messages to the mobile phone (E) used by the victim D using the mobile phone (C) used by the Defendant that “if one year after reporting the letters sent by FFC, she would see the book of conscience.” From that time, the Defendant sent text messages, from July 15, 2014, to July 14:53, 2014, which are the same as the No. 10 through 13 of the table of crime in the annexed list of crimes, sent text messages to the victim, and repeatedly sent text messages that cause fear or apprehension.

2. The Defendant’s assertion that the text message sent by himself constitutes “a text message that arouses fear and fear,” is difficult to view that it constitutes such text message, and even if so, the Defendant did not have any intention to commit a crime because he expressed a little and consistent sentiment in a short and consistent manner.

3. A crime of violation of relevant legal principles 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. is an essential element to repeat certain acts of creating other parties’ apprehensions through information and communications networks. In addition, in light of the legislative purport thereof, in order to determine that a series of uneasiness creation by using information and communications networks constitutes such act, each act is closely closely related to the time and place, similarity of methods, the same opportunity, and the continuation of criminal intent.

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