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(영문) 의정부지방법원 고양지원 2015.05.01 2015고정263
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Goyang Branch of the District Court around July 10, 2014 and the said judgment became final and conclusive on August 10, 2014.

【Criminal Facts】

Although the defendant was responsible for the electrical construction of the victim C(67 years of age and South)'s place of business, it is the relationship in which appraisal is injured because of the difference in opinion.

On November 29, 2013, at around 17:28, the Defendant sent a text message on the part of the Defendant’s handphone (D), “A Kimchi factory is operated, but the latter is replaced by a horse, the latter is replaced by a flag, the name of the flag, the name of the flag, the flaging of the flag, and the increase of the number of times.” On December 17, 2013, the Defendant sent a text message on 11 occasions in total to the victim’s handphone (E) and sent it to the victim, thereby bringing about fear or apprehensions through the information and communications network.

Summary of Evidence

1. The defendant's partial statement (the fact of sending text messages);

1. Statement of the police statement regarding C;

1. A copy of text messages;

1. A previous conviction: Application of Acts and subordinate statutes to the case detailed that is attached to the application for the recovery of a defendant's request for formal trial [the defendant and his defense counsel asserted that the defendant did not cause fears, etc., fall under the text that arouses fears or apprehensions in light of the developments and contents of sending text messages, and thus, they cannot

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 12681, May 28, 2014);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the mitigation shall be made in consideration of equity in cases where a crime for which no judgment has become final and conclusive is concurrently adjudicated);

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

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