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(영문) 서울중앙지방법원 2013.10.08 2013노2412

정보통신망이용촉진및정보보호등에관한법률위반등

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant sent correspondence to the victim or sent mobile phone text messages to the victim is forced by coercion, such as Defendant’s wife F (Gain G). Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

2. According to the evidence duly adopted and examined in the judgment of the court below as to the grounds for appeal, it can be sufficiently recognized that the defendant sent letters to the victim six times as stated in the facts charged, or sent text messages to the victim's cell phone at least nine times so that the victim may repeatedly reach the victim with an uneasiness. There is no evidence to acknowledge that the defendant forced the victim to commit an act by intimidating an easible violence, his or her relatives' life or body by intimidation without any way to defend himself or herself, as alleged by the defendant. Thus, the defendant's assertion is not acceptable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.