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(영문) 의정부지방법원 2019.02.12 2018고단4831
채권의공정한추심에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

No act that seriously undermines privacy or peace in business shall be committed by repeatedly or at night, or by reaching an obligor or interested party, such as speaking, writing, sound, image, or object, without any justifiable reason, thereby inducing fear or apprehension.

Nevertheless, on August 24, 2017, the Defendant sent a text message "on the part of the victim B's cell phone (C) to the victim's cell phone (D) at around 20:58 on August 24, 2017, the Defendant committed an act that seriously undermines the peace of private life by inducing fear or apprehension of the victim, such as attached Table 1, from January 29, 2018 to January 17:19, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the letter of general portable phone (the letter of demand of the defendant against A) No. 2, the details of remittance and materials to A who is the defendant of a certificate No. 3, and the record of telephone recording and telephone recording (the statement of demand of payment to the defendant defendant against A) of a No. 4;

1. Article 15 (2) 2 and subparagraph 3 of Article 9 of the Act on the Fair Collection of Claims for Taxes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Letters sent by the defendant to the victim and telephone conversations for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant has several criminal records: Provided, That the defendant has no criminal records of the same kind, the defendant reflects the crime of this case, the circumstances leading to the crime of this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act shall be determined by comprehensively taking into account the following factors:

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