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(영문) 대구지방법원 서부지원 2016.02.05 2015고정727

정보통신망이용촉진및정보보호등에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach the other party repeatedly.

피고인은 2014. 2. 11. 00:17 경부터 같은 날 15:17 경까지 서울 강남구 삼성동 이하 불상지 등에서, 이혼소송 중에 있는 배우자 B( 여, 43세) 가 집 매매 문제로 각서를 작성해 주지 않는다는 이유로 피고인의 휴대전화를 이용하여 피해자의 휴대전화로 “야 이 씨 발 좃 같은 년 아! 생각하니 울화통이 터져 죽겠고 분해서 미치겠다.

In addition, it shall be buried entirely on the world in the same year, in which the person is fully aware of the fraud.

B. In addition, Nyman sent text messages, such as the “satis thoroughly,” to which the most bad method would be raised, all together, as shown in the List of Crimes, reached the victim repeatedly by transmitting text messages that arouse fears or uneasinesss over 21 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the police against the accused (including the part concerning the statement B in the second protocol);

1. Statement made by the police against B;

1. Letters and telephone conversations;

1. A criminal investigation report (referring to intimidation);

1. Application of Acts and subordinate statutes on a petition;

1. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 12681, May 28, 2014); the selection of fines for criminal facts;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Articles 59(1) and 51 of the Criminal Act of the Suspension of Sentence (the fact that the defendant is dead and against the defendant when committing a crime, the defendant has no record of punishment, and the related case that was proceeding at a similar time, both the defendant voluntarily withdraws the complaint against the victim, and accordingly, the judgment dismissing the prosecution.