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(영문) 춘천지방법원 원주지원 2020.01.17 2019고정248
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc.: (a) sent B message containing the following contents: “A victim C’s cell phone using B installed in his/her cell phone at a place where the location is unknown on February 8, 2018; and (b) the victim C’s cell phone with the victim’s cell phone “I am not able to hold a discount; (c) he/she may find the company at a lush level with the lush and rash of the lush; and (d) send it from that time:

7. By no later than 15.0, the message B and text messages that arouse the victim’s fear or apprehensions were repeatedly sent seven times in total, as shown in the list of crimes in the annexed sheet.

2. On August 2018, the Defendant sent a false message to the husband’s work partner who was divorced by the victim C using D installed in his/her cell phone at a place where the location cannot be known, which read, “it is necessary to deliver the facts. It is also necessary for the victim to deliver the fact. It is also necessary for the victim to have actually lived with his/her father and his/her father, who is in the de facto living condition with his/her father.”

As a result, the Defendant undermined the honor of the victim by pointing out false information openly through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of each investigation report, the contents of the message submitted by the complainant and criminal records Acts and subordinate statutes;

1. Article 74 (1) 3, Article 44-7 (1) 3, and Article 70 (2) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. on Criminal Facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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