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(영문) 대전지방법원 2018.03.15 2018고단259
모욕등
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

1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow anyone to reach other persons repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;

On August 12, 2017, the Defendant used his/her mobile phone from the Defendant’s residence located in Daejeon, Jung-gu, Daejeon, and 203 around 15:13 on August 12, 2017 to the victim D using the Defendant’s cell phone.

J. S. Dok Dok Dok Dok-si S.

From around that time to August 21, 2017, “a transmission, etc. of the word “,” sent to the victim the text of the same content as written in Appendix I from around 14 to August 21, 2017.

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

2. Around August 19, 2017, the Defendant: (a) connected his/her page to the North Korean account by using a mobile phone; and (b) at the same place, “Isk Doz” (hereinafter referred to as “Isk Doz”).

b. The person's name and one-day cook.

신발 노마! 맞짱! 신청해” 라는 글을 게시하는 등 그 무렵부터 2017. 8. 21.까지 총 13회에 걸쳐 별지 범죄 일람표 Ⅱ 의 기재와 같은 내용의 글을 게시하였다.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to the investigation report (Submission of relevant data);

1. Article 74(1)3 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Article 74-7(1)3 and Article 44-7(1)3 of the Act on Promotion of the Protection, etc. of Information and Communications Network Utilization and Punishment (if any, repeatedly reaching the text that arouses fear or apprehension), Article 311 of each Criminal Act, and selection of fines;

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

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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