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(영문) 의정부지방법원 2015.01.29 2014노1970
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The text message sent by the defendant to the victim does not cause uneasiness.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim seizes corporeal movables of the defendant's Lestop, and the defendant repeatedly sent the text message of this case six times in response thereto, ② The criminal facts of the court below at No. 1 in the year of the crime list of the court below, "I have the right to open the door immediately in the face of the page. All new walls are open to the string. I have little mind regardless of all the new walls." In No. 2 in the year No. 3 in the year, "I cannot see that I would like to do so to the deader." No. 4 in the year, "It is reasonable to see that the victim made it difficult to see that I had the victim feel the 1st century from the date of the promotion of the use of the information and communications network," and it is reasonable to see that I would have changed the victim's memory from the 6th day of the year."

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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