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(영문) 부산지방법원 동부지원 2011.08.10 2010고단789

마약류관리에관한법률위반(향정) 등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. 1.3 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall make any codes, letters, sound, images, or motion pictures creating fear or apprehensions reach another person repeatedly through information and communications networks;

Nevertheless, at around 16:59 on August 31, 2009, the Defendant sent text messages to the Defendant’s house located in Nam-gu Busan apartment B apartment 130 Dong 701, on the ground that the victim C (n, 29 years of age) who is a female of the Defendant did not come, and then sent text messages to the victim’s cell phone using the Defendant’s mobile phone to “the victim’s cell phone with the same year of the night, without permission, may spread in the middle, and may die, without permission, at all times.” From that time until September 16:42, 2009, the Defendant sent text messages to five times in total, as shown in attached Table 1.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through information and communications network.

2. The Defendant is not a narcotics handler.

On May 1, 2009, at the hotel hotel room in the event of injury to China, the Defendant administered approximately 0.03g of Maspiles, a psychotropic drug delivered from Joseon Dostrine D, in a way of the same method 13 times from around that time to October 1, 2009, including the administration of Maspiles, which is a psychotropic medicine, in accordance with the attached Table 2, from around that time.

Summary of Evidence

1. Statement of C prepared by the police;

2. Examination of the accused prepared by the prosecutor;

3. Requests for an appraisal, reports on requests for appraisal, additional reports on requests for appraisal;

4. Application of Acts and subordinate statutes reporting the market price of Mesphere;

1. The promulgation under Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts;