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(영문) 서울남부지방법원 2013.07.29 2013노823
정보통신망이용촉진및정보보호등에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In addition, there was no fact that the Defendant sent the victim a letter of text as stated in the facts charged in the instant case, and the Defendant sent the victim a letter of text as indicated in the instant facts charged.

Even if the content is merely a mere repetition of repeated phrases, so it cannot be said that the victim caused fear or apprehensions.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles of Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., which affected the conclusion of the judgment.

B. When the Defendant was in a state of mental disability at the time of the instant crime due to a traffic accident, the Defendant was in a state of mental disability, which affected the conclusion of the judgment.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant can sufficiently recognize the fact that the defendant sent text messages such as the statement in the annexed crime list to the victim's mobile phone at the time of original adjudication by using the mobile phone, and furthermore, even based on the content of the text text messages sent by the defendant to the victim itself, the defendant constitutes abusive and intimidation. The defendant is a general telephone of the victim's operation or the victim's cell phone, and the victim's cell phone, "the bit bit bit bit bit bit bit bit bit bit bit bit bit bitch bitch bitch bitch bitch bitch bitch bitch bitch son, and the son's life is terminated at theme of drinking and drinking. The young female will take up money with the victim's desire and intimidation. The number of times exceeds 100 times a month, and the victim should have received the victim's desire and undergo the telephone.

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