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(영문) 서울남부지방법원 2015.04.30 2014고단4211
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 37) were in a de facto marital relationship, and they were in a lawsuit for bringing up their children.

On November 28, 2013, no one repeatedly sent a text message, words, sound, image, or image that arouses fear or apprehension through an information and communications network to another person. However, at the defendant's home located in Geumcheon-gu Seoul Metropolitan Government around November 28, 201, the defendant sent a text message to the victim at around 21:06 of the same day, stating that "the defendant committed an act of self-feasion to the telecom," "the next day of multi-data delivery box," and at around 21:12 of the same day, "if the sending report is required, such as Ghana," from around that day to July 9, 2014, the defendant sent a text message to the victim's cell phone via an information and communications network over 68 times, such as written in the list of crimes, and reached the victim repeatedly by sending the text message that arouses fear or apprehension through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., comprehensively including relevant criminal facts;

1. It is so decided as per Disposition for the reason that Article 62(1) of the Criminal Act (in the case of the accused, only the criminal records of the fine are imposed and the reflective nature is imposed) is higher than that of the probation;

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