정보통신망이용촉진및정보보호등에관한법률위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 28, 2013, the Defendant was issued a provisional order of KRW 2.5 million at the Gwangju District Court issued on September 27, 2013, “The Defendant issued a summary order of KRW 2.5 million from May 16, 2013 to May 19:41, 2013, to the effect that “the Defendant shall not commit any act that may interfere with the peace of life by sending a cell phone text message to the victim C, etc.” to “the Defendant shall not commit any act that may interfere with the peace of life by sending a cell phone text message to the victim C, etc.”
Nevertheless, at around December 19, 2013, the Defendant knew that the victim C’s text messages would be very unstable, and sent a text message stating that “Ea, tax would be evaded, and if he/she were to evade, tax, he/she would be able to help neighbors at the end of the year, and clean,” using a mobile phone, the Defendant repeatedly sent a handphone text message that arouses fear or apprehension to the victim nine times in total, as described in the attached list of crimes, from August 31, 2013 to January 18:59. < Amended by Act No. 11904, Aug. 31, 2013; Act No. 11873, Jan. 19, 2014>
Summary of Evidence
1. Partial statement of the defendant;
1. C’s statement of police;
1. A complaint;
1. A copy of the decision on prohibition of access;
1. Application of Acts and subordinate statutes governing Handphone messages;
1. Relevant provisions of Article 74 (1) 3 and Article 44-76 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning facts constituting an offense (elective imprisonment);
1. Article 62 (1) of the Criminal Act ( considered as follows)
1. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of probation and community service order
A. The defendant and his defense counsel are text messages listed in the annexed crime sight table.