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(영문) 제주지방법원 2019.06.28 2018고정360

협박등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In September 2017, the Defendant was hospitalized in B Hospital, such as the victim C (I, I, 48 years of age) who was hospitalized, and later developed into a tobacco relationship, but came to be hedging around February 2018 due to its nature.

On March 7, 2018, at around 05:24, 2018, the Defendant: (a) sent the victim’s body photograph to her friend by her cell phone; (b) sent the victim’s cell phone to her friend, and opened his friend to the public his friend by disclosing his friend photograph. The Defendant threatened the victim by telephone three times from March 7, 2018, such as threatening her friende to her friende to friende to her friend; and (c) by her friende to her friende to her friend.

B. The Defendant in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., committed a crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., with intent

However, no one shall repeatedly send any codes, words, sound, image, or motion picture that may cause uneasiness to any other person.

Nevertheless, the defendant from March 7, 2018 to the same year.

3. From D’s place of residence up to December of the year, text messages that cause uneasiness over 76 times in the victim’s mobile phone from the victim’s mobile phone to the victim’s mobile phone are repeatedly sent to the victim’s mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes to photographs by cutting down a mobile phone;

1. Relevant Article of the Criminal Act and Article 283(1) of the Criminal Act (the selection of a fine, including the fact of intimidation, the comprehensive imposition of a fine), Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the provision that repeatedly satisfies the language and text causing uncompeachment, and the selection of a fine, inclusive);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;