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(영문) 수원지방법원 2016.04.22 2015노5720

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. A series of text messages sent by the Defendant to the victim was made in such a way as to cause fears and apprehensions to the victim. However, the lower court rendered a not-guilty verdict on the facts charged of this case. In so determining, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting

2. No person who outlines the facts charged shall allow any person to reach another person repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, at around 07:04 on March 6, 2014, the Defendant had been aware of the fact that the Defendant assaulted the victim D (48 years) prior to the Defendant’s residence, and had a cell phone used the cell phone to transmit the word “the victim is fladder fe, so long as he is fladder fe,” the Defendant sent the word “fladder fe febe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f fe fe fe fe fe f fe f f fe fe f

3. Determination

A. As to the facts charged in this case, the court below held that each of the letters Nos. 1 through 3, 6, and 7 of the annexed crime list Nos. 1 through 3, 6, and 7 as indicated in the judgment of the court below is difficult to view that the contents per se cause fears or apprehensions to the victim, and each of the letters listed in the annexed crime list Nos. 4 and 5 of the annexed crime list Nos. 4 and 5 as indicated in the judgment of the court below are contents causing fears or apprehensions to the victim. However,

It is difficult to see, and even if all the letters written in the attached list of crimes are included, they cause fear or apprehension.