성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, we examine the violation of the Telecommunications Business Act among the facts charged against the Defendant.
Article 84(3) of the former Telecommunications Business Act (amended by Act No. 12761, Oct. 15, 2014) provides, “No person shall forge or falsely indicate a caller’s phone number while making phone calls for the purpose of making property profits by deceiving another person or of harming by verbal abuse, threats, harassment, etc.” Article 84(3) of the same Act, and Article 100 Subparag. 1 of the same Act provides, “No person who forges or falsely expresses a caller’s phone number while making phone calls for the purpose of making property profits by deceiving another person or harming by verbal abuse, threats, harassment, etc., in violation of Article 84(3) of the same Act, shall be punished by a fine not exceeding KRW 50 million.
According to the records, the Defendant may recognize the fact that he sent text messages for the purpose of intimidation from around September 9, 2014 to September 21, 2014, as indicated in the call number column of the annexed crime list, and then changed the caller’s phone number or falsely displayed it. As long as such act cannot be deemed that the Defendant changed the phone number or falsely displayed it, the Defendant’s act does not constitute an element of crime under subparagraph 1 of Article 100 of the Telecommunications Business Act, which constitutes a crime under Article 12761 of the former Telecommunications Business Act, as amended by Act No. 12761 of Oct. 15, 2014, instead of deleting Articles 84(3) and 100, “any person shall not use a false phone number of the sender by making phone calls (including text messages) for the purpose of making property profits by deceiving another person or causing harm, such as verbal abuse, threats, etc.” Article 84-2(1) of the Telecommunications Business Act, and Article 95-2(1).