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(영문) 서울남부지방법원 2016.08.19 2016고단2541

정보통신망이용촉진및정보보호등에관한법률위반

Text

A defendant shall be punished by imprisonment for six 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

The defendant is the friendly mother of E and F, the victim D's son.

No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, at around 01:05 on December 30, 2015, the Defendant: (a) did not have the victim attend the funeral procedure E and F in the Defendant’s residence located in Yangcheon-gu Seoul Metropolitan Government G; (b) did not have the victim attend the funeral procedure; and (c) did so with the mind that “D. The Defendant renounced the human flag of the behavior he committed to the relatives of Korea, and that the scars will live well well; (c)

In addition, it is found that the lux of lux is placed on the lux of lux, the lux of lux.

We will observe today's non-confluence.

Madern Madern

In addition to sending the victim’s word “,” from December 30, 2015 to January 6, 2016, from around 01:05, to January 6, 2016, the text and image that arouses fear and apprehensions for the victim more than 33 times, such as the statement in the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed for DNA preparation;

1. Investigation report (victim D telephone communications);

1. Investigation report (Attachment of the summary order to the same working person) and one copy of the summary order (Seoul Southern District Court Decision 2014 High Court Decision 10094 High Court Order 2014);

1. Photographss by capturing a text message sent to the victim;

1. Application of the Acts and subordinate statutes on the storage of photographs by cutting down text messages;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. for Criminal Facts (the repeated transmission of language and text that arouses fear or apprehension, including, but not limited to, the choice of imprisonment);

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

1. Determination of the assertion by the defendant and his defense counsel under Article 62-2 of the Criminal Act on the observation of protection and observation, the defendant and his defense counsel are disabled by the death of his or her child to cause a mixed apprehension.