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(영문) 부산지방법원 서부지원 2018.10.17 2018고정97

협박등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 14, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution in Busan District Court on February 14, 2017, and the above judgment became final and conclusive on October 26, 2017.

1. On August 21, 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.: (a) sent the victim’s cell phone using his/her mobile phone to the victim’s cell phone at around 14:18 on August 21, 2016; and (b) sent the victim’s text message with the same method five times from around that time until September 22:32, 2016, which caused fear or apprehensions to the victim.

2. The Defendant: (a) around 11:20 August 9, 2017, the Defendant, in front of the Busan Northern Complex D, the Defendant: (b) “The Defendant killed and died of weather guard; and (c) seat.”

because of the fact that the Republic of Korea has been suspended for 2 years and 6 months;

I wish to die.

Nar made a threat to the victim, referring to “Wook” at a very early stage.

Summary of Evidence

1. Statement by the defendant in court;

1. B Legal statement;

1. Statement made by the police against B;

1. Characteric message photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to a final and conclusive decision, etc. after the case pending in trial against a defendant A), written decision, and application of each statute of the judgment;

1. Article 74 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc. for Criminal Facts and Articles 74-7 (1) 3 and 44-7 (1) 3 (including repeated transmission of letters causing fear, etc.), Article 283 (1) of the Criminal Act, and selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The argument.