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(영문) 대전지방법원 홍성지원 2018.07.12 2018고정39
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 2015, the Defendant first saw the Victim B (36 tax, female) as a bridge for about 2 years and 8 months in the drinking place where she was on the drinking place and around August 2015, and came to take around around August 2017.

around 12:11 on August 27, 2017, the Defendant: (a) using his mobile phone to the victim, “I am and lele’s body and lebling, I am and lebling, I am and lebling, I ambling, I am and lebling, I ambling, I ambling, I ambling, I am and ambling.”

In the past, the year during which he was unable to do so, she sent text messages over a total of 309 times from August 27, 2017 to November 25, 2017, including sending text messages, as well as sending text messages, in a total of 309 times.

In the course of sending 309 letters, the Defendant repeatedly sent the victim a text message that arouses fear or apprehensions over 17 times, such as the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Sending 17 text messages to the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

The fear and apprehension caused fear and apprehensions.

However, there is no history of criminal punishment except for the defendant's mistake and reflects it, and is sentenced to a fine due to the violation of the Special Act on the Settlement of Traffic Accidents.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions in the instant case, such as the defendant's age, sex, environment, motive or result of the crime, and circumstances after the crime.

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