A defendant shall be punished by imprisonment for not less than six months.

However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

As of October 15, 2019, the Defendant was divorced from the Victim B (V, 55 years of age).

1. 정보통신망이용촉진및정보보호등에관한법률위반 피고인은 2019. 9. 8. 12:58경 김포시 C에 있는 피고인의 주거지에서 피해자의 외도가 의심스럽다는 이유로 피해자에게 휴대전화 통화목록을 요구하였으나 피해자로부터 이를 거절당하자 ‘젓도죽늘어지고 밋터도허벌창이고,몃년간 만이ㅆㅓ먹어지.’라는 문자메시지를 전송한 것을 비롯하여 그때부터 2019. 12. 14.경까지 별지 범죄일람표 (1) 기재와 같이 총 138회에 걸쳐 피해자에게 공포심이나 불안감을 유발하는 음향과 문언을 반복적으로 도달하게 하였다.

2. On October 28, 2019, the Defendant sent a text message to the victim, stating that the victim divorceds from himself/herself and did not have a cell phone call list at the same place as above, and that the victim would no longer attend the workplace as if he/she had been out of the workplace, and as such, the victim would no longer attend the workplace. The victim sent a text message to the victim, stating, “I would like to go off off, off, and off. I would like to go off. I would like to go off. I would like to go off.”, and “I would like to go off, I would like to go off, I would like to send a text message to the E-Myeon office where the victim works, such as telephone several times, and to threaten the victim by sending text messages to the victim seven times from that time to December 12, 2019.

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. Application of Acts and subordinate statutes to the accused message details;

1. Article 74 (1) 3, Article 44-7 (1) 3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts, the relevant provision of the relevant Act and Articles 283 (1) of the Criminal Act concerning the selection of punishment (the transmission of signs, such as signs causing fears, and the choice of imprisonment)

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