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(영문) 광주지방법원 해남지원 2018.09.20 2018고단120

정보통신망이용촉진및정보보호등에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network by repeatedly reaching other persons in the form of code, language, sound, image, or picture.

그런 데도 피고인은 2018. 1. 15. 경 피고인의 주거지인 광주 북구 C 212호에서 휴대폰을 이용하여, 피해자 D의 휴대전화로 “ 사랑해”, “ 여보 ㅜ ㅡㅜ”, “ 관련 없다 사지를 찢어 줏관련된다.

From that time to March 14, 2018, “,” et al. sent Kakao Stockholm messages, “,” et al., sent the victim repeatedly through Kakao Stockholm Stockholm messages, pictures, etc. that arouse fears fears or apprehensions through approximately 800 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transmission of Kakao Stockholm messages and photographs;

1. Application of the Acts and subordinate statutes to photograph the Kakao Stockholm content;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the punishment of imprisonment, or the choice of punishment;

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

1. The Defendant sent a text message that could arouse fear to the victim for a long time, on the grounds of the observation of protection and the sentencing of Article 62-2 of the Social Service Order Act.

It seems that the mental suffering of the victim caused by the defendant's act seems to be considerably high.

Although the Defendant had been sentenced to a fine due to the same crime against the same victim, he again committed the crime of this case.

The defendant sent a text message to the victim as well as the victim's office, and sought it as the victim's office, and made a telephone over 200 times.

The Defendant, even after being examined by the investigative agency, continued to induce fears to the victim.