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(영문) 대구지방법원 2019.05.17 2018고정1522
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

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

Reasons

Punishment of the crime

[Attachment Facts] The Defendant, along with B [Defendant in the case of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (Act on the Punishment of Commercial Sex Acts, Etc.) in the Daegu-gu from 1997, operated a commercial sex business establishment in Daegu-gu C from around 1997, the victim D(the victim D, the age of 43) was a person who worked at a commercial sex business establishment operated by the Defendant from around that time, and the Defendant was “B”.

In around 2016, the Defendant aggravated the relationship with the victim with the repayment of the borrowed money, and the victim became the victim of the said commercial sex acts.

【Criminal Facts】

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

Nevertheless, on March 31, 2018, the Defendant, using a mobile phone, sent the victim’s cell phone text messages stating, “I am hye or hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hyeh hye hyeh, hyeh hyeh.)”

By doing so, the Defendant had repeatedly reached the other party the text that arouses fear or apprehension through information and communications network.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Application of the photographic image Acts and subordinate statutes by capturing letters;

1. Matters concerning the relevant Article of facts constituting a crime and the promotion of the use of information and communications networks and the protection of information;

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