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(영문) 서울남부지방법원 2014.11.05 2014고정2710
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 27, 2014, the Defendant lodged an appeal after having been sentenced to two years of imprisonment with prison labor for larceny, etc. at the Youngcheon District Court Youngcheon District Court Young-gu branch on August 13, 2014, but was sentenced to dismissal on August 13, 2014, and the said judgment became final and conclusive on August 21, 2014

The defendant sent text messages to the victim C and the above singing in Gangseo-gu Seoul Metropolitan Government from the 3rd floor, and to the ming of swine and singsinging of pigs at a ming restaurant, using the defendant's mobile phone, on the ground that the defendant took 80,000 won and singing of pigs at a time, without a second mingly named 80,000 won, and around July 16, 2013, the defendant sent text messages to the victim's mobile phone in the Republic of Korea, "I am much larger than the width." "I am going to the same birth." "I am to the head of the household," "I am to the head of the household," "I am to the victim's mobile phone around July 17, 2013," and "I am to cause fear and apprehensions of each victim's mobile phone."

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. A complaint;

1. Letters of intimidation A by a suspect C received by the suspect C;

1. Before judgment: Application of investigation report (145 pages of investigation records), copy of the judgment attached to the records of public trial, application of Acts and subordinate statutes to the agreement assistance to the case;

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. for Criminal Facts and Selection of a fine for negligence;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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