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(영문) 부산지방법원 2019.01.18 2018고단5286
협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 10, 2017 to March 8, 2018, the Defendant is a person who has worked together with the victim D at C points located in Busan Northern-gu B.

No one shall distribute information that leads to fear or apprehensions through an information and communications network to reach other persons repeatedly.

Nevertheless, at around 14:15 on March 21, 2018, the Defendant sent a text message to the victim’s cell phone (G) using the Defendant’s cell phone (F) stating that “The Defendant’s cell phone (G) cut back from the above C branch and refused to communicate with the Defendant without contact.” On the same day, the Defendant sent a text message to the victim’s cell phone (G) stating that “The Defendant’s cell phone (G) was frighted to pay back to the Party’s cell phone (G).” At around 21:28 on the same day, the Defendant sent the text message stating that “Isn’t you called “Iskn’s cell, Isn’t’t’t you had it entered?” around 21:28, as indicated in the attached list of crimes. From March 21, 2018 to May 10, 2018, the Defendant reached the victim’s harm and injury as well as the victim’s threat that caused fear or apprehension through 49 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Application of the Acts and subordinate statutes to a photographic by cutting down letters submitted by the complainants;

1. Article 283 (1) of the Criminal Act applicable to the crime, 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. (the point of repeated transmission, such as the language and text causing fears or unaffordity) of the relevant Act on the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Act for probation and community service order: The defendant continues to contact the victim's family members as well as the victim.

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