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(영문) 의정부지방법원 고양지원 2017.02.02 2016고단3324

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2016, around 19:00, the Defendant: (a) was in front of the house of the victim I (n, 22 years of age) located in the H. 1119 of the Dong-dong-gu Seoul Special Metropolitan City (n, 22 years of age); (b) was in front of the house of the victim I (n, n, n, kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

2. On September 19, 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. sent a cell phone text message with the victim I (the age of 22) using his/her cell phone on September 19, 2016, stating that “I will spread the substantial part of the educationer’s home page through a reporter at home,” and then sent a cell phone text message from October 14, 2016 until October 12:03, 2016, the Defendant sent the text message 18 times in total to cause fear or apprehensions to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecution by each prosecutor with regard to I;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to criminal investigation reports (componating text messages, etc.);

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, Article 319 of the Criminal Act, Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Use of Information and Communications Network and Protection of Information, Etc. (in combination, the text causing fear or apprehensions reached the other party repeatedly), and each of imprisonment options;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order has committed a lot of crimes against the victim who was his/her spouse, such as destruction of property, intrusion of residence, promotion of the use of information and communication network and violation of the Act on Information Protection,

In particular,