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(영문) 대구지방법원 2019.03.07 2018고단5595
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

On March 22, 2016, at least 13:36, at a place where the location is unknown, the Defendant: (a) thought that the victim B (the 40-year-old age-) who works as an employee in the restaurant had slandered himself/herself; (b) the Defendant sent text messages to the victim with the content that “I cannot extend up to the Dob Dob Dob by Dob Ba and Dob Dob Dob Dob by Dob Dob Dob Dob by Dob Dob Dob Dob Dob Dob Dob Dob Dob Dob Dob by Dob Dob Dob Dob Dob Dob Dob Dob Dob Dob b Dob Dob b Dob b Dob b b

As a result, the defendant has repeatedly reached the victim's text that arouses fear or apprehension.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Contents of text messages;

1. Application of Acts and subordinate statutes concerning contents of voice messages;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The defendant for sentencing under Article 62-2 of the Probation Criminal Act has reached the text that arouses fears or apprehensions against the victim repeatedly for a considerable period of time, and it is inevitable to punish the victim due to considerable mental suffering.

However, the fact that the defendant recognizes the crime of this case and there is no other force of punishment heavier than once a fine so far, and the defendant's age, character and behavior, environment, conditions before and after the crime shall be determined by taking into consideration the defendant's age, character and behavior, circumstances before and after the crime.

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