Text
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
The Defendant became aware of the Victim C (Y, 53 years old) and E hospital located in Changwon-si, Changwon-si, Changwon-si, Changwon-si around March 201, and had living together for about three months until September 20, 2011.
No one shall repeatedly cause any codes, language, sound, image, or motion picture that arouses fear or apprehension to any other person through an information and communications network to launch any codes, text, sound, image, or motion picture into another person.
Nevertheless, the Defendant promised to divide 50% of the insurance money into the Defendant when receiving insurance money under the name of the Defendant, but the victim did not comply with the promise. On June 2014, the Defendant sent the victim’s cell phone from the Defendant’s home located in Changwon-si, Changwon-si, Seoul, to the Defendant’s cell phone used by the Defendant, the victim’s cell phone from the Defendant’s cell phone used in Changwon-si, Mawon-si, and sent the victim’s cell phone with the word “if the victim was sent to the prosecution and used for the detection of false horses, she will end her arm’s length.” From that time to December 8, 2014, the Defendant repeatedly sent the victim’s cell phone messages that cause fear and fears over 13 times in total, such as the content of the “mail table of crime” as in the attached Table.
Summary of Evidence
1. A protocol concerning the examination of suspect of the defendant who has partially made a statement in the court (two times, replacement of the defendant);
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to each text message photographic;
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, the relevant Article of the Act and Articles 74-7 (1) 3 (Selection of Penalty) of the same Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant asserted the determination on the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order only sent and received text messages from one another in the process of disputing the issue of insurance proceeds with the victim.
In light of the relationship with the victim, the details, frequency, contents, etc. of the text transmission, the victim's apprehensions and fears shall be considered.