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(영문) 서울동부지방법원 2018.04.20 2017노1682

정보통신망이용촉진및정보보호등에관한법률위반

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Reasons for appeal;

A. The misunderstanding of facts and misapprehension of legal principles merely exchanged letters with each other in the course of disputing with the victim, causing fears or apprehensions to the victim.

shall not be deemed to exist.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On August 2, 2016, at a place where it is unknown about 16:55 on August 2, 2016, the Defendant: (a) used a mobile phone; and (b) used the mobile phone to the victim C (hereinafter “Is 61 years of age”); (c) does not do so even if Is her life does

Finally, the life of human beings is more severe than the width of kimchi with the same garbage test.

He wanted to be the same human test, and to be changed to her place of origin.

As such, it is necessary to protect the life, life, and human flachisity as garbage.

No longer, there is no reason to desire to human beings such as a swelth, and we have to do so.

I would like to make a compromise because I would like to do so because I would like to make a compromise.

It is necessary to think that the writing flicks that the writing did not flick, and that the writing flicks.

v. N. N.I.D. Doz.

In this regard, the meeting is shotfluent.

♤♤ 마지막으로 예의를 지켜 D이 누나 동생한테 보낸 문자 임. 못 믿을 사람들 앞으로 수발 신 문자 안 될 것임. 세차 차라리 안하는 것이 지저한 분 인간들 안 보게 지요. 누구를 탓 하겠 읍 니 까” 라는 문자 메시지를 보낸 것을 비롯하여, 그때부터 2016. 12. 5. 13:18 경까지 별지 범죄 일람표 기재와 같이 총 102회에 걸쳐 공포심이나 불안감을 갖게 하는 문언을 반복적으로 피해자에게 도달하게 하였다.

B. Whether a case constitutes “the act of repeatedly reaching another party,” as prescribed by Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., refers to the content and method of expression that the Defendant sent to the other party.