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(영문) 수원지방법원 안산지원 2016.07.08 2016고단1310
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The Defendant: (a) from November 15, 2015 to March 12, 2016, the Victim C was unable to contact with the victim from November 15, 2015 to March 12, 2016; (b) “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

In addition, the text that arouses fears or apprehensions through 95 times, such as “Many year with a change of fraud”, was repeatedly transmitted to the victim’s cell phone, such as “Many year with a change of fraud”.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Reports on internal investigation and investigation reports (verification of the contents of text messages);

1. The Defendant and his/her defense counsel asserted that each of the above letters in light of the contents of each letter itself, other words before and after each of the above letters, and the defendant and his/her defense counsel's relation at the time, are merely a somewhat excessive expression in the process of dispute between the people in the following crimes, and the contents of each letter in the table Nos. 1, 5, and 19 in the same crime are not likely to cause fears or apprehensions, and thus, the Defendant and his/her defense counsel should be acquitted at least. However, in light of the contents of the above letter, other words before and after each of the above letters, and the relationship between the defendant and the victim, it is reasonable to view that each of the above contents would cause fears or apprehensions to the victim. Thus, the Defendant and his/her defense counsel's assertion is without merit

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

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code prohibits the Defendant from committing the instant crime during the suspension of execution due to the instant crime, but most of the Defendant's crimes are recognized, and the probation period

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