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(영문) 청주지방법원 영동지원 2018.01.11 2017고정29
폭행등
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Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who was in a de facto marital relationship with the victim C (V, 29 years of age).

1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow any person to reach another person repeatedly in the form of code, language, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, on March 12, 2017, the Defendant: (a) at his own house located in Chungcheongbuk-gun D and 517 on March 12, 2017, on the ground that the victim did not met the other male at his own expense; (b) using his own mobile phone, the Defendant believed the victim’s cell phone that it was impossible to use the victim’s cell phone for “Ignis or he was not able to do so.”

From that time, from the time to the 20th day of the 20th day of the 20th day of the same month, a text message stating that governance only takes place in a board that does not take place, sent the victim’s mobile phone with a total of 26 times as indicated in the attached crime sight table.

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

2. Around June 11, 2017, the Defendant: (a) 08:10 on a victim’s house located in Chungcheongnam-do, Chungcheongnam-do; (b) 201, reported that another male is located in the victim’s house; (c) 5 times as a drinking house; and (d) 3 times as the head of the victim’s house going beyond the victim’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A statement of the victim prepared by C;

1. The application of each investigation report (the No. 2, 12 of the evidence list) and the respective accompanying documents and the Acts and subordinate statutes;

1. The Act on Promotion of Utilization of Information and Communications Network and Protection of Information, Etc., comprehensively including Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act regarding criminal facts.

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