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(영문) 인천지방법원 2018.08.16 2018고정1627
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network in a way that they reach other persons repeatedly in the form of code, text, sound, image, or picture.

The defendant knew that the victim B was living together with her husband and her husband, and knew of the fact that the victim B was living in the Incheon Strengthening-gun C Borrowing, the defendant sent the victim's attitude through CCTV installed in the above Ba, and send the victim's word continuously to the victim.

In that sense, the victims were harassing.

Therefore, the defendant is a male who does not house a house in the city and is inside the city, using a mobile phone in Yeonsu-gu Incheon apartment around 4:59 on July 10, 2016, and the defendant's house 201 Dong 604 at the defendant's house.

From January 25, 2018 to January 4:35, 2018, including the transmission of the victim with the word “from home to home”, repeatedly transmitted the victim’s mobile phone text that arouses fear and apprehensions in total at least 105 times, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to investigation reports (Submission of data by the complainants and investigation schedule cases), photographs of each course of closure, and photographs;

1. Article 74 (1) 3 and Article 44-7 (1) 3 (generally, choice of fines) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, and Articles 74 (1) 3 and 44-7 (1) 3;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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