(영문) 창원지방법원 마산지원 2018.11.02 2018고단896

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 마산지원 2018.11.02 2018고단896

폭행등

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

The defendant had been aware of the victim C(n, 63 years of age) at the public work site conducted in Changwon-si for about three years before the year, and had the victim be able to defend regardless of the victim's will.

1. On July 19, 2018, the Defendant: (a) around the bus stops located in Changwon-si, Changwon-si, Masan-si, Seoul Metropolitan City bus stops in front of the bus terminals; (b) on the ground that the victim had another male and female, the victim “one male and female call is removed; and (c) the victim seems to have taken the attitude on the ground that the victim was able to comply with “nickland”, and committed assault by the victim of his/her mobile phone booming the victim’s hand.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection shall allow anyone to repeatedly reach another party any codes, text, sound, image, or motion picture that arouses fear or apprehension through any information and communications network;

On July 11, 2018, the Defendant: (a) around 11:12 on July 11, 2018, at his own residence located in Changwon Simpo-si D; (b) using a mobile phone, the Defendant “as soon as possible,” and (c) using a mobile phone to open to the victim.

“Along with the content that arouses fear and apprehension,” a message sent to the same effect.

From that time until July 14, 2018, the Defendant repeatedly sent text messages that arouse fears or apprehensions by means of information and communications networks over a total of 27 times, such as the list of offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 260 of the Criminal Act applicable to the crime and Article 260 of the Criminal Act (the point of violence) and Article 74(1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc.

참조조문

-형법 제260조 제1항

유사 판례

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