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(영문) 청주지방법원 영동지원 2015.11.19 2015고정43
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

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

On February 22, 2015, at the defendant's house located in Daejeon-gu, Daejeon-gu, Daejeon-gu, the defendant sent the victim's cell phone text message using the victim's mobile phone transmission function to send the victim's cell phone "bell (be deemed to be a clerical error)", and "mo-viied person (be deemed to be a clerical error)", and the defendant sent the Kakakao Stockholm message more than 307 times from that time to 18:25, as shown in the list of crimes.

Accordingly, the defendant sent repeatedly the text that arouses fears or apprehensions, thereby reaching the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. 문자 켭쳐사진 법령의 적용

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

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

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

1. The message sent by the Defendant and his defense counsel to the victim is not a language that arouses fear or apprehension, but a different view on domestic affairs.

Even if the above message may cause fear or apprehension, the Defendant did not recognize that the message would cause fear or apprehension.

2. 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. are punished for repeatedly allowing other persons to reach any codes, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network;

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