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(영문) 서울서부지방법원 2018.05.30 2018고단55
정보통신망이용촉진및정보보호등에관한법률위반
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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

Since the defendant was the husband of the victim C (V, 59 years old) with the husband D, the defendant had a bad faith with the victim.

1. On March 19, 2014, at around 14:30, the Defendant sent the victim’s hand phone using the Defendant’s portable phone, and then sent the victim’s text message “it is known that the Defendant is brain stroke and stroke with the knowledge of the brain stroke in the front of the width,” and the part Nos. 2 through 4, 6, 18, 21, 22, 24, 152, and 159 in the list of crimes attached to the List of Crimes in the annexed Table of Crimes, until August 4, 2014, the Defendant excluded the amendment of the indictment in the instant case, consisting of the withdrawal of these facts charged on May 9, 2018.

Nos. 1, 5, 7, 17, 19, 20, 23, 25, and 30 were repeatedly transmitted text messages that cause fears or apprehensions to the victim at least 22 times in total.

2. On March 2016, the Defendant brought a lawsuit of consolation money against the Defendant, and was fluored by the Defendant, and was living with the victim’s hand phone using the Defendant’s hand phone at around 11:33 on October 2016, 2016.

By December 10, 2016, the text message, including the transmission of the text message, sent repeatedly, as indicated in Nos. 31 through 151, 153 through 158, and 160 through 164, of the table of the crime committed in [Attachment 31] to 151, 153 through 158, and 160 through 164.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. A complaint (including evidential materials attached thereto);

1. An investigation report (the output of the message);

1. The text of the text message [1] The defendant is also the defendant who made a defective victim’s verbal abuse, such as mental illness, etc., in order for the victim to be held legally liable for the illegal relationship with her husband for five years.

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