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(영문) 수원지방법원 안양지원 2014.08.12 2013고단1704
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 9, 2013, the Defendant: (a) around 00:24, at the Defendant’s house in Mapopo City C, 301; (b) considered that D, the Defendant’s son, worked in the “F” house operated by the Victim E, and had a good impact on D, such as having a bad credit holder and sexual behavior; (c) used the Defendant’s mobile phone to walk the victim’s cell phone with the victim’s cell phone; and (d) did not have a E son, the inside of the house with the president of H.

100

E. In addition to the expression “A” in the attached list of crimes, as indicated in the attached list of crimes, repeatedly 10 times in total from around that time to June 17:37, 2013, expressed that the sound that arouses fear or apprehension through an information and communications network reaches the victim repeatedly.

Summary of Evidence

1. Legal statement of witness E;

1. Details of currencies and requests for provision of communication confirmation data and response details;

1. Application of the CD-related Acts and subordinate statutes;

1. The relevant criminal facts and Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Selection of Imprisonment) for the reasons of sentencing are as follows: (a) the instant crime has reached the victim repeatedly over 10 times during a period of about 2 months by causing fears or apprehensions; and (b) the nature of the crime is inadequate; (c) the Defendant has not divided his fault with the victim’s responsibility; (d) thus, even if the Defendant has no criminal power exceeding the fine, and the Defendant’s health status, etc. are considered, the sentence of imprisonment is inevitable.

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