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The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. The summary of the facts charged in this case is as follows: (a) the Defendant maintained a e-mail with the victim E (the age of 47, female) from November 201 to Canadian for several months; (b) around 11:17, 201, the Defendant maintained a e-mail with the victim E (the age of 47, female) and from October 11, 201; and (c) on October 17, 201, the victim’s “I wish to make the victim E before crypt e-mail. However, if so, I would like to end this e-mail, and I would like to end this e-mail, and from that time, I would like to reach the victim repeatedly by repeatedly using the e-mail, text messages, Messen, telephone, etc., as indicated in the attached list of crimes in the judgment of the court below from December 25, 2011 to 19:01.
2. Of the facts charged in the instant case, the lower court found the Defendant not guilty on the ground that, in full view of the circumstances as indicated in its reasoning, the part of the facts charged, among the following: (a) the Defendant, from around 11:17 on October 17, 201 to around 19:35, 11 on November 201, 201, 11 through 11 on a total of 11 times as indicated in the annexed crime sight table as indicated in the lower judgment (where each act listed in the annexed crime sight table as indicated in the lower judgment, referring to the number alone is indicated); (b) the Defendant’s repeated statement causing apprehensions, such as demanding a victim to proceed a divorce, etc. directly from the language sent by the Defendant, or disclosing his relation with the victim, is not entirely discovered, on the ground that the facts charged constitute a case where there is no proof
3. Judgment of the court below
A. It is difficult to accept the lower court’s finding the Defendant not guilty of the portions indicated in subparagraphs 1 through 5, 7, and 11 of the instant facts charged for the following reasons.
Article 74 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.