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(영문) 부산지방법원 2015.05.20 2014고단10203
정보통신망이용촉진및정보보호등에관한법률위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person prosecuted shall allow any codes, words, sound, image, or motion picture that arouses fear or apprehensions through an information and communications network to reach another person repeatedly;

Nevertheless, at around 05:53 on October 2, 2012, the Defendant sent a text message stating that “A victim who operates a private teaching institute was dismissed for himself/herself,” furthermore, the victim was accused of having sent text messages more than a hundred and forty-three times, and the Defendant’s mobile phone using the Defendant’s mobile phone to the mobile phone used by the victim C, and that “I wish to die and die without any absolute death, and that I want to do so.” As indicated in the List of Crimes, the Defendant reached repeatedly 43 times from September 13, 2012 to March 5, 2013 as indicated in the List of Crimes.

2. Determination:

(a) If a number of actions falling under the name of the same crime continues to be conducted for a single and continuous period under the single and continuous criminal intent, and the legal benefits of such damage are the same, each of these actions should be punished by a single comprehensive crime in total;

(See Supreme Court Decision 2005Do278 Decided May 13, 2005, and Supreme Court Decision 2006Do3172 Decided September 8, 2006, etc.)

B. First, according to the records of this case, the Defendant appealed on December 5, 2012 that he/she was sentenced to a suspended sentence of one year to a crime of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. on the part of Busan District Court, and was sentenced to a suspended sentence of two years on October 24, 2013 from the Busan District Court, which is the legal ground of appeal, for the first time, to a suspended sentence of one year from the Busan District Court, and thereafter, can be recognized the fact that

C. According to the records, the facts charged in the instant case were committed from September 13, 2012 to March 5, 2013, and the facts charged in the instant judgment were committed from September 18, 2010 to April 7, 201, and each of the above facts charged was committed for a different period.

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