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(영문) 서울남부지방법원 2018.11.16 2018고합405

상습협박등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

On January 6, 2017, the Defendant: (a) around 16:17, to the victim D (V, 27 years of age) with his/her cell phone from Seongbuk-gu building B, Seongbuk-gu, Sungnam-si; (b) around 16:17; and (c) to the victim D (V, 27 years of age); (d) too half the

B. from the first day of the Category D to the first day of the Category D.

(b) At the end of the third month, I think that there is legal interest in DC only after the end of the third month, and that there is no reason to do so.

‘The sending of the text message of ‘' and ‘the sending of the message’ was recorded in the list of crimes attached hereto, and sent or made telephone conversations 26 times from that time to May 31, 2017.

As a result, the Defendant repeatedly reached the victim with language, sound, etc. that arouses fear or apprehension through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol of the police with D (net 51);

1. A prosecutorial investigation report (net 28);

1. Application of the statute to the complaint prepared by D and each recording, text message, attached thereto (at the end of 74, 147-149)

1. Article 74 (1) 3 and Article 44-7 (1) 3 (generally, choice of fines) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, and Articles 74 (1) 3 and 44-7 (1) 3;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The text of the allegation and the content of telephone communications sent by the Defendant to the victim does not constitute language or sound that arouses fear or apprehension.

2. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. of Information and Communications Network Act punish “a person who repeatedly sends words causing fears or apprehensions to other persons through an information and communications network,” and Article 74(1)3 of the same Act punishs “a person who repeatedly sends words causing fears or apprehensions to other persons.”