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(영문) 의정부지방법원 고양지원 2018.08.09 2018고정268
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 allow anyone to repeatedly reach another person with words causing fear or apprehension through an information and communications network.

Nevertheless, the defendant, on August 3, 2017, in the Incheon Gyeyang-gu apartment B, subparagraph C, and the commercial building with separate ownership, has deepened the conflict with the victim D (51 years old) surrounding the issue of paying delinquent management fees.

per is one of the Na.

The intervention shall be made until the concealment is cut.

In addition to “,” from August 2, 2017 to September 22, 2017, from around 20:11, to September 22:2, 2017, the text message and E message sent to the same effect to the victim 17 times in total, as indicated in the crime sight table.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Evidential materials (the photograph of the closure of a text message) and report on internal history (the submission of evidentiary materials by a victim (E dialogue);

1. Number of letters, the details of each transmission, and the number and number of copies E;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of an ad hoc protection order issued by a victim);

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

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the substance of the assertion is acknowledged as a basic fact, it cannot be viewed as an act of repeatedly reaching the text that arouses fear or apprehension.

2. Determination

A. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. cause fear or apprehension through an information and communications network.

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