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(영문) 서울남부지방법원 2016.01.14 2015고단4889
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant and the victim D(n, 37 years old) were in a de facto marital relationship, and there was an interview negotiation lawsuit against their children.

In spite of the fact that any codes, language, sound, image, or motion picture that arouses fear or apprehension through an information and communications network shall not repeatedly be sent to any other party, a defendant is understood to have done so at the defendant's home located in Geumcheon-gu Seoul Metropolitan Government, around August 25, 2015, at around 08:17, the victim's cell phone.

8:18 on the same day, sending text messages “I wish not to act as a forced belief” and “I think I think I do not act as it is,” and sending text messages over 562 times from around that time to October 13:59 on the victim’s cell phone as indicated in the list of crimes committed in the attached Table.

The text that arouses fear or apprehensions through information and communications networks has reached victims repeatedly.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A criminal investigation report (Submission of suspect letters);

1. A report on investigation (in addition, data to be submitted by a victim);

1. Investigation report (Attachment to the decision to engage in the investigation); and

1. Application of Acts and subordinate statutes to written judgments of the victim and the South Korean court;

1. Criminal facts: (a) the relevant Article of the Act and Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc.; (b) the reason for sentencing of sentence of imprisonment with prison labor is that the Defendant sent a written text message to a victim living alone to a mobile phone; (c) the crime of intimidation on November 2013; and (d) the victim’s home was collected for delivery; (d) there was a record of being punished by a fine for the crime of property damage on January 2014; and (e) the crime of sending the victim’s cell phone text message on April 30, 2015; and (e) the crime of sending the victim’s cell phone text message on 68 occasions; and (e) imprisonment with prison labor for the same crime and suspended execution.

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