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(영문) 대전지방법원 2017.10.13 2017고단2436
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall allow any person to repeatedly reach another person in the form of code, language, sound, image, or picture that arouses fear or apprehension through an information and communications network.

On February 15, 2017, around 16:14, the Defendant sent to the victim C’s mobile phone the phrase “scopty to audit until death” using the Defendant’s mobile phone, from that time, the Defendant sent to the victim C’s mobile phone from June 15, 2017, a total of 36 times as indicated in the list of crimes, including the text that arouses fear or apprehension, from June 15, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photograph of a fluor of a fluor;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 74-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act suspended execution: The circumstances favorable to the fact that a person recommits another crime even though he/she had been sentenced to a fine twice due to the same crime committed against the same victim: The fact that he/she is led to confession and reflect;

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