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(영문) 부산지방법원 2018.12.20 2018노2336
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case, although the defendant, as stated in the facts charged of this case, did not have made the victim intimidation or have repeatedly reached the text that arouses fear as stated in the facts charged of this case. The court below erred in the misapprehension of facts

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 1,000,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Summary of the facts charged in the instant case 1) The Defendant from around March 13:13, 2017 to the same month.

4. By up to 13:11, the victim B (n, 58 years of age) used his mobile phone for the victim’s own pre-paid male and pawn and pawn with the victim’s pre-paid male and pawn to wait before the victim’s “spawn and pawn.”

It is intended to give out the fluor infinite.

The victim threatened the victim by sending a voice message on seven occasions, such as the statement in the crime sight table 1.

2) No person who violates the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. shall make any codes, language, sound, image, or picture that arouses fear or apprehensions through an information and communications network to reach another person repeatedly.

The defendant from March 1, 2017 to the same month.

6. From 08:18 to the victim, the victim sent a voice message “I am b. I am b. I am b. I am am f. I am am f. I am am amb. I am am amb. I am am. I am a total of nine times as indicated in the crime sight table 2.

B. In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the first instance court, the lower court can sufficiently recognize the fact that the Defendant has repeatedly reached the language and text causing intimidation or fear as stated in the facts charged in the instant case.

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