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(영문) 대구지방법원 경주지원 2017.02.15 2016고단680
정보통신망이용촉진및정보보호등에관한법률위반
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, the Defendant, around September 4, 2015, did not call the Victim B (Woo, 49 years of age) this Defendant, with respect to his or her personal phone on September 4, 2015. The Defendant, using the Defendant’s mobile phone, wanting to buy one defect at the victim’s cell phone.

In addition to sending the text message “,” the text that arouses fear or apprehensions through 170 times from that time until May 27, 2016, including the text message written in the list of offenses, reached the victim repeatedly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of the Acts and subordinate statutes to the accused's petition, each letter mail mail messages sent, text mail messages printed out, photographic pictures of text mail messages, submission of evidentiary materials, and output of mobile phone text messages;

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 (generally, choice of imprisonment with prison labor), and Article 74-7 (1) 3 of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the frequency and content of the dispatch of letters to the victim by the defendant, and the crime is not less severe, and the victim has not been taken out from the victim.

However, the fact that the defendant reflects on the defendant, the fact that the defendant found the victim or appears not to send letters since June 2016, and other factors of sentencing as shown in the trial of this case, such as the relation between the defendant and the victim, the circumstance of this case, etc., shall be determined by taking into account all the factors of sentencing as shown in the trial of this case.

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