정보통신망이용촉진및정보보호등에관한법률위반
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 2016, the Defendant had been able to look at C by the Library located in Jinjin-gun, Jinjin-gun.
The Defendant continued to send the victim’s cell phone numbers to the victim, and even if the victim refused several times, requested the victim to meet his/her surrounding persons, sought the victim before the victim’s home, and sent the victim’s cell phone numbers to the victim again by an irregular method. Around one year, the Defendant sent the victim’s cell phone numbers to the victim and sent the message to him/her.
No one shall repeatedly send any codes, sound, language, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.
Nevertheless, the Defendant, using the Defendant’s mobile phone around November 9, 2016, sent the victim’s mobile phone “(s) to the victim’s cell phone,” and on November 23, 2016, the Defendant sent the message “I wish to see the body that I want to take the victim’s seat,” and on April 23, 2016, sent one or five messages including the message listed in the separate crime list from April 2016 to May 2017.
In other words, the text that arouses anxiety has reached the victim repeatedly.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Application of the 11th text messages, etc. (Evidence Nos. 10) sent by the person under consideration;
1. Article 74 (1) 3 and Article 44-7 (1) 3 (including inclusive) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the punishment of imprisonment is to be imposed;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The elements of sentencing on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation and the age of the accused.