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(영문) 대구지방법원 2014.07.04 2014고단2195
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a religious organization’s death.

1. The Defendant violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc.: (a) around September 2013, the Defendant attempted to send letters to the victim’s mother, contact the victim’s body, etc. from around 2008 to around September 2013; (b) however, the victim refused access by the victim; (c) around 11:30 on October 11, 2013, the Defendant sent a text message to the victim’s cell phone (F) with the Defendant’s cell phone (E), stating that “I am love for a long time, I am hicker for a long time”; and (d) sent a text message to the victim’s cell phone (F) from around 167 times as indicated in the annexed crime list until February 9, 2014.

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

2. On February 1, 2014, around 21:52 on February 1, 2014, the Defendant love the said victim in front of the H restaurant located in Daegu-gu G, and completed the church worship and projects.

When hearing the victim's words "I do not refuse to do so............", the victim's right side of the victim was bleeped twice by the hand floor, and assaulted the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. Application of medical records and text messages to Acts and subordinate statutes;

1. Relevant provisions of Article 74 (1) 3, Article 44-7 (1) 3, and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation.

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