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(영문) 대전지방법원 홍성지원 2018.04.26 2017고정360
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

around 01, 2014, the Defendant took an educational system with the victim C, and her husband D gave 3 million won to the victim, and the Defendant was fluent with the victim.

Around January 17, 2017, the Defendant sent a text message stating, “I am fregy,” “I am fregy, I am fregy, and I am fregy, and I am fregy, I am fregy, so I am fregy, and am fregy, I am fregy, I am fregy, and amben, I am fregy, I am fregy, I amfregy, and am fregy, I am fregy, I am soon fregy, our money.”

From that time until June 11, 2017, the Defendant sent text messages, 89 times, and 4 times every 93 times of text messages, as indicated in the list of offenses, to the victim repeatedly sent text messages and voice messages that cause fear or apprehensions through an information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Contents of text messages (in the form of a portablephone)

1. A criminal investigation report (attaching a record file and a text message);

1. Application of Acts and subordinate statutes to photographs;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the elective Use of Information and Communications Network and Information Protection, Etc. concerning facts constituting an offense (excluding punishment) 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. Sending the text or voice message at least 90 times by the defendant for the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

In addition, although the fear or apprehensions are induced, the defendant's mistake is recognized, and it seems that there are some circumstances to consider the circumstances leading to the crime of this case.

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