209 Highest 4289(combined)(b)

2010 Highly Injury resulting from violence (merged)(C)

(d) Damage to property;

(e) Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

(f) Intersections;

(g) Violation of Information and Communications Network Utilization Promotion Act;

(h) Violence;

2.g. H.B

Law Firm D (Defendant B)

Attorney E

However, with respect to Defendant B, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant B is not guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

1. Defendant A

(a) Intersections;

The defendant is a person who is a spouse who has completed a marriage report with F on April 18, 198.

1) On March 2007, the Defendant sent to the police officer from H 202, G in Seopopo-si, Seopo-si, Seopo-si, Hapo-si, with Defendant B one time of sexual intercourse.

2) On December 2007, 2007, the Defendant sent to the Defendant’s first sexual intercourse with the Defendant B at the Ji Triart’s Non-Sevinary care room located in Jeju Island.

3) On October 2008, the Defendant 2008, and among the officers of the 2008 and 100, sent to Defendant B with her first sexual intercourse in the Lobel k in Gwangju Northern-gu.

4) On March 20, 2009, the Defendant sent to the Defendant’s family room in Gwangju Northern-gu, Gwangju Northern-gu, one time of sexual intercourse with Defendant B.

5) At around 10:00 on June 16, 2009, the Defendant sent to the Defendant a single sexual intercourse with Defendant B at a MaMono-Sur’s protection room as stated in paragraph (4).

(b) Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

On March 3, 2009, the Defendant sent, using a mobile phone, N’s cell phone, which is the branch of N, with a photographic file containing the sex of B and a photographic file containing the sexual intercourse between B and the Defendant. On April 3, 2009, around 18:03, the Defendant sent a photographic file containing the sexual intercourse between B and the Defendant and B to his husband’s mobile phone, and distributed obscene images via each information and communications network.

(c) Attempted robbery;

1) On April 2, 2009, at around 11:00, the Defendant: (a) threatened the victim in the Ecoos car located in the front way of the residents' self-governing center in Jungdong in Gwangju-gu; and (b) threatened the victim with drinking in the Ecoos car in the city of 46 years old; (c) removed the certificate of the personal seal impression when making the victim a good horse; and (d) ordered the victim to obtain the certificate of the personal seal impression.

The defendant continued to borrow money and the date of preparation, and the victim shows the cash custody certificate written by debtor to the victim, and "packer 200 million won of the Name 200 million won should be given as soon as possible." However, the victim has operated the above vehicle and let the victim move the vehicle to the parking lot of the Gwangju North-gu P building, and then set up three times the face of the victim at the place of drinking, and then the victim has the face of the victim three times the vehicle at the place of drinking, and the victim has drawn up a cash custody certificate and selected one of the places related to the O. If the bill is not written by the day, the victim sent the bill to the O." The victim tried to take 200 million won from the food victim, but the victim did not respond to it, but failed to do so.

2) 피고인은 2009. 4. 3.경 광주 북구 Q에 있는 피해자 B의 사무실에서 피해자에게 전화를 하여 "2억 원을 주지 않으면 국세청에 네가 탈세한 것을 고발하여 장사를 하지 못하게 하고 O 핸드폰으로 네가 내 좃을 빨고 있는 장면을 보내겠다.”고 말하고, 피해자에게 휴대 전화로 "내가 하라는 대로 할 것인지, 2억 원을 주고 O를 선택하고 가정을 지킬 것인지, O도 가정도 사업도 버리고 외국에 가든지 선택하라."는 취지의 문자메시지를 보내서 겁을 주고, 피해자의 남편의 휴대전화에 피고인과 피해자의 성관계장면이 담긴 사진파일을 전송하여 이에 겁을 먹은 피해자로부터 2억 원을 갈취하려고 하였으나 피해자가 이에 응하지 않는 바람에 그 뜻을 이루지 못한 채 미수에 그쳤다.

3) On April 9, 2009, the Defendant called the victim B at the location described in the foregoing paragraph (2) and sent the pictures to the victim’s employees or those with knowledge of "I am scarphones without 200 million won. This is the last time." This is the last time. The Defendant tried to bring 200 million won from the drinking victim, who am scarbly saves, and tried to bring the breath from the victim, but did not go to the victim’s attempt without complying with it.

(d) Damage to property;

At around 10:30 on April 6, 2009, the Defendant: (a) opened a top door for the passenger car owned by the victim for the victim B to refuse to meet with the Defendant in front of the building in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju; and (b) maintained the utility of the said passenger car by entering the front door for the passenger car owned by the victim so that 320,000 won of the repair cost would become the front door.

(e) Injury by assault;

At around 20:00 on July 11, 2009, the Defendant was able to take time expenses for the reason that B does not cover KRW 200 million from the 'U' of the sales store for B operation in Nam-gu Gwangju-gu, and was tightly damaged by the victim V, who is an employee, for approximately 2 weeks of treatment, and suffered erode and tensions of the bones of the neck in need of approximately 2 weeks of treatment. On the other hand, the Defendant continued to take off the victim W with the left side of the victim W (n, 38 years of age) who is an employee who is an employee, and caused the victim W to go beyond the floor while facing the air condition in which W had W go through the air conditioner and let W take care of about 2 weeks of treatment.

(f) Injury;

1) On August 20, 2009, the Defendant expressed the victim’s desire at the logistics center office of the 'U’ of the victim’s specialty store operated in the North-gu Seoul Northern-gu, Gwangju, the Defendant 2009, followed the victim’s back to a hand floor once, followed the victim’s back to a boom, followed the victim’s bat once by drinking bat, followed the victim’s bat, and carried out a bat and bating the bat, which requires approximately one week medical treatment for the victim.

2) At around 15:00 on August 29, 2009, the Defendant saw the victim B to take care of water in the Kafin in the Dong-gu, Gwangju, Gwangju, about 15:0, the Defendant spreaded water in the victim’s face to the victim’s face, saw the victim’s head head by merap, continuously led the victim’s head head to the outside of the Kafe, led the victim’s head to the victim’s head by hand, and led the victim’s head to the outside of the Kafe, and then led the victim to approximately two weeks of her sonum, tension, etc.

2. Defendant B

(a) Violence;

On January 28, 2007, at around 20:20, the Defendant sent text messages to the victim F (n, 43 years of age) who is the wife of the victim in the south of the Republic of Korea, and mobile phone, and entered the ward by locating him in the house of the victim in the Dong-gu Gwangju-gu, Gwangju-gu, and then putting him in the cell, and then putting him on the tbro (TV) at the seat of the victim, and 3 times in the knifeed floor of the victim who exceeded the floor to avoid this, she was able to take three times in the knife of the victim's head, she continued to walk the side knife by putting him/her head, and booms the victim's head with his/her head.

(b) Trades;

The defendant knew that he is a spouse of the defendant A, and had sexual intercourse with the defendant A as described in the above 1. A.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Each police statement made against AB, V, W,O, F, and Defendant B;

1. Each police interrogation protocol against Defendant A (No. 2009-type and No. 66333 of the District Prosecutors' Office);

1. Some statements made by each police suspect interrogation protocol (No. 2009 type No. 66333) against Defendant B;

1. Investigation report (Investigation as to whether H accommodation is accommodation);

1. A report on investigation (verification of a change in the fact of examination by public nature);

1. A family relation certificate;

1. A written diagnosis of each injury inflicted on V,W, and Defendant B;

1. Photographs and receipts damaged by vehicles;

1. Copies of sales slips;

1. Data from the Korea Meteorological Administration (Yupopopo-do, March 23, 2007, March 24, 2007);

Judgment on Defendant B and his defense counsel’s assertion

1. First of all, Defendant B and his defense counsel knew of the fact that Defendant A settled with the credit card of her motherel on March 11, 2007, Defendant A’s spouse on December 2007, and Defendant B’s sexual intercourse, and Defendant F police officer on October 208, 2008, knew of the fact that Defendant A was sexual intercourse, and the complaint against the Defendants was filed for six months after the date F became aware of the fact that her sexual intercourse, and thus, F’s complaint against the adultery is not legitimate. However, according to the records, Defendant B had long been doubtful of the relationship with the Defendants, but the Defendants were unaware of the fact that the Defendant was sexual intercourse on July 11, 2009, and each of the above facts was investigated by Defendant A on March 200 and around June 16, 2009, the Defendants did not know of the fact that she was sexual intercourse with Defendant A on March 20, 2009, and each of the above facts was investigated by Defendant A.

2. Next, Defendant B and his defense counsel asserted that the Defendants did not have sexual intercourse since the aggravation of the relationship between the Defendants on March 20, 209 and June 16, 2009. However, Defendant A led to the confession of sexual intercourse, and the Defendants led to the aggravation of the relationship and the recovery of the relationship. In addition, even at the above time, Defendant A had a strong influence on Defendant B’s husband’s intention to marry with the Defendant B, and therefore, the above assertion has no merit since each of the above communications periods aggravated the relationship between the Defendants, the Defendants did not have sexual intercourse.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A

1) Points: The first sentence of Article 241(1) of each Criminal Code

2) A point of distribution of obscene materials using each information and communications network: Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

3) An attempted charge of imprisonment: Articles 352 and 350(1) of the Criminal Act, collectively,

4) The point of destroying and damaging property: Article 366 of the Criminal Act (Selection of Imprisonment)

5) The injury resulting from violence: Articles 262, 260(1), and 257(1) of each Criminal Code (the choice of imprisonment with prison labor);

6) Each injury: Article 257(1) of the Criminal Act (the choice of imprisonment with prison labor);

B. Defendant B

1) The point of assault: Article 260(1) of the Criminal Act (Selection of Imprisonment)

2) Points in each award: the latter part of Article 241(1) of the Criminal Code;

1. Aggravation of concurrent crimes;

Articles 37 (former part of Article 37, Article 38(1)2, and Article 50 (In the case of Defendant A, the aggravated punishment of concurrent crimes with imprisonment prescribed in the crime of attempted conspiracy with the largest judgment on the punishment; in the case of Defendant B, the aggravated punishment of concurrent crimes with the punishment prescribed in the crime of adultery with the largest punishment on June 16, 2009) of each Criminal Act

1. Suspension of execution (as to the defendant B):

Articles 62(1) and 51 of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act)

1. Pre-trial detention of Defendant A: 163 days;

The acquittal portion

1. Summary of violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

피고인은 2009. 7. 11. 00:39경 광주 북구 AC에 있는 피고인의 거주지 AD아파트 103동 1803호에서 F의 휴대전화(AE)로 '자넨 나만 믿으소 알았는가 B를 이용하면 되잖는가'라는 내용의 문자메시지를 보내고, 2009. 7. 11. 01:20경 같은 장소에서 F의 휴대전화로 '어떤 걸 이용 한다든가 - 내가 돈 때문에 이용하고 있으니 자네를 위해서 하는 거네 걱정마소 내가 누군가'라는 내용의 문자메시지를 보내고, 2009. 7. 11. 01:31경 같은 장소에서 F의 휴대전화로 '그 년 한테 돈만 빼내면 안 만나니까 좀만 기다리소 모는 게 당신을 사랑하니까 그러네 사랑해'라는 내용의 문자메시지를 보내고, 2009. 7. 11. 01:32경 같은 장소에서 F의 휴대전화로 '금방 감세 당신보다 못한 그 년을 보는 것은 내가 살기 위함이니 기달려 미안해 돈이 중요하잖아 이 사람아'라는 내용의 문자메시지를 보내고, 2009. 7. 11. 01:34경 같은 장소에서, F의 휴대전화로 '돈 벌어서 운동다니고 멋지게 살세 여자 등쳐서 당신 행복하게 해줄게 오키'라는 내용의 문자메시지를 보내고, 2009. 7. 11. 01:42경 같은 장소에서 F의 휴대전화로 '미친 년아 나 술 한 잔 한다 - 널 위해 산다 미친 년아'라는 내용의 문자메시지를 보내고, 2009. 7. 11. 02:15경 같은 장소에서 F의 휴대전화로 '이 씹할 년아 조용해라'는 내용의 문자메시지를 보내고, 2009. 7. 11. 19:48경 같은 장소에서 F의 휴대전화로 '비가 오니까 피자가 더 잘 팔리는구나 - 너 배알도 없는 년이지, 열심히 골프나 하고 행복하게 살아'라는 내용의 문자메시지를 보내고, 2009. 7. 12. 23:03경 같은 장소에서 F의 휴대전화로 '인간쓰레기 너 서방이랑 같이 만나서 얘기한다고 하니 오시지요 - 돈만 갔다주면 넌 서방도 팔지'라는 내용의 문자메시지를 보내고, 2009. 7. 12. 23:12경 자신의 집에서, 위 F의 휴대전화로 '야 니년 딸 행동거지 보라, 볼장 다 보았지?? 인정하지??'라는 내용의 문자메시지를 보내고, 2009. 7. 12. 23:32경 자신의 집에서, 위 F의 휴대전화로 '여자들 등쳐서 벌어다 준 돈으로 골프치고 다니고 새끼들 키우니 새끼들이 널 닮았지 -- 넌거기에 신바람 난 년이구 ㅋ ㅋ'라는 내용의 문자메시지를 보내는 방법으로 모두 11회 걸쳐 정보통신망을 통하여 공포심이나 불안감을 유발하는 글을 반복적으로 상대방에게 도달하게 하였다.

2. Determination

According to the records, while maintaining the internal relationship with F, the Defendant, the husband of F, went through as if he was A with internal ties and conflicts arising from monetary issues, some of them can be recognized as sending text messages of the same content as the facts charged to F by using A’s mobile phone. The content of the text messages is merely a request for understanding himself only until A receives money from the Defendant, or it is difficult to view it as a content that slanders F, and that it is a slandering content that leads to fear of fear of the Feas with reading the text messages.

3. Conclusion

Thus, among the facts charged in this case, the defendant B is not a crime against the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and thus, the defendant B is acquitted under the former part of Article 32