beta
(영문) 대전지방법원 천안지원 2016.08.26 2016고단888

정보통신망이용촉진및정보보호등에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall allow anyone to repeatedly reach the other party any code, language, etc. that arouses fear or apprehension through an information and communications network.

On May 21, 2016, the Defendant sent the victim E’s portable phone (F) using the Defendant’s portable phone (D) at the place of the procedure in 09:47, 09.5.21, the Defendant used the Defendant’s portable phone (hereinafter “C”), and, if the Defendant’s mobile phone is multiple, the Defendant may kill and die. The Defendant has a door-to-door address in the Ethromoth, and the Defendant has a door-to-door address in the Ethromoth, she would have to do so, regardless of how he does not want to do so, and then sent the same text-to-face “W”.

In addition, the Defendant sent text messages from that to May 21, 2016, 44 times in total, as described in the list of offenses in the attached Form.

In other words, information and communications networks cause fears or apprehensions repeatedly, such as codes, text, etc. reached the complainants.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint;

1. Application of Acts and subordinate statutes governing text messages;

1. Article 74 (1) 3 and Article 44-7 (1) 3 (including inclusive) of the Act on Promotion of the Utilization of Information and Communications Network for Criminal Facts and Protection of Information and Communications Network Utilization and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To send messages with the reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order, which repeatedly arouses fears to victims;

Considering the various sentencing conditions shown in the trial proceedings of this case, the sentence shall be determined like the order, such as the fact that the victim seems to have suffered considerable mental suffering, that there is no same record, that there is a large number of past criminal records, and that there is a reflection of the perception and mistake of the crime.