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(영문) 수원지방법원안산지원 2020.12.17 2020고정719
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 repeatedly reach another person in the form of code, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network.

Nevertheless, at around 14:11 on October 18, 2019, the Defendant sent text messages to the victim B, on the ground that the victim B posted false information on him/her on the website, etc. of apartment houses, on the ground that he/she was unable to use his/her mobile phone at the time when the victim made a telephone call with the victim, and used his/her mobile phone at the time of the victim’s call with the victim, and then used his/her phone at the end of the end of the opening of the call, and from that time until 2:38 on the same day, from that time, the date and time of the crime was stated as “from February 13, 2019 and February 14, 2019” but this is a simple clerical error as “the date and time of the crime committed on October 18, 2019 and October 19, 2019.”

The text messages sent more than 10 times in total so as to reach repeatedly the text text messages causing uneasiness to the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. Report on investigation in the complaint (the defendant and his defense counsel argued that the content of text messages written in the facts constituting the crime in the judgment is not to cause fears or apprehensions to the victim. However, according to the evidences duly examined and adopted by this court, the transmission of text messages in this case was deemed to have caused sufficient apprehensions to the victim, in light of the developments of this case, the relationship between the parties, the contents of the text, and the circumstances before and after the crime. Thus, the above argument is not accepted).

1. Relevant Article of the relevant Act on criminal facts and Articles 74 (1) 3 and 4-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (including the fact of transmission of words causing a sense of imprisonment, and all of them): Fine;

1. The Criminal Act for the detention of a workhouse;

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