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(영문) 서울남부지방법원 2016.12.09 2016고단5158
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall have any codes, words, images, or motion pictures inciting fear or apprehensions reach another person repeatedly through an information and communications network.

Nevertheless, at around 06:37, September 22, 2016, the Defendant sent the Defendant’s cell phone messages of Kakaoo Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao, “I wish to die in the future,” and sent from around 03:28 on September 19, 2016 to 06:49 on September 23, 2016, messages and photographs that suggest suicide to the victim at least 91 times in total, as indicated in the list of crimes.

Accordingly, the Defendant repeatedly sent words and images that arouse fears or apprehensions through information and communications network to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes, such as photographs and text messages sent by the defendant to the victim;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act lies in the Defendant’s repeated transmission of messages and photographs that arouse fears fears or apprehensions to the victim at least 91 times in total on the grounds that the victim, who was a woman-friendly victim, was informed of this case. The victim caused considerable apprehension due to the instant crime, and even after committing the instant crime, the Defendant committed an act, such as intrusion upon the victim’s residence or attempting to contact the victim, and then filed an appeal for fears up to now, and the victim did not recover from damage.

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