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(영문) 대구지방법원 2013.06.20 2013고단2843
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or motion picture.

From around 200, the Defendant had a relationship with the victim D, who had been a C employee of the Defendant’s operation, but had a view to arranging the relationship from the victim.

At around 13:45 on December 25, 2012, the Defendant sent text messages to the victim’s cell phone “I am hicker, I am hicker,” using the Defendant’s cell phone, and sent text messages to the victim’s cell phone from around 13:45, which caused fear or apprehensions through an information and communications network, such as sending text messages to the victim’s cell phone over 57 occasions from around 2013 to January 16, 2013, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Article 74 (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 Article 74 (1) 3 of the same Act;

1. Article 62 (1) of the Criminal Act: Suspension of execution (Consideration favorable to the grounds for the punishment of imprisonment);

1. It is reasonable to strictly punish the victim and his/her family members by finding the victim's house several times in addition to the crime of this case where the defendant did not abandon his/her house to the victim and did not commit the crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. of Social Service Order.

However, the defendant has no record of criminal punishment exceeding the same criminal record or fine, and the defendant has led to the crime in this court and has not committed again in the future.

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