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(영문) 부산지방법원 동부지원 2014.08.18 2014고정758
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

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

Reasons

Punishment of the crime

On December 2012, the Defendant, at the main point located at the bottom of the Busan Seo-gu, Busan, on the date of December 2012, the victim B (the age of 39) who became aware of being a customer, and from June 2013, the Defendant was in a tobacco relationship with the victim until June 2013.

On December 20, 21:12, 2013, the Defendant sent text messages 48 times in total, as shown in the attached Table from around 14:20 of the same month to the victim’s mobile phone (C) using the Defendant’s mobile phone, and repeatedly sent text messages 48 times in total, and sent the text messages citing fears and apprehensions through the information and communications network.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a course by transmitting letters and mers;

1. Relevant provisions of Acts concerning criminal facts and applicable provisions of Acts stated in the indictment under Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. shall be stated in subparagraph 4 of the same Article, but the above applicable provisions of Acts shall be deemed to be erroneous;

Article 44-7 (1) 3, Selection of fines

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

1. Article 334 (111) of the Criminal Procedure Act;

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