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(영문) 대전지방법원 2015.08.28 2015고단570
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendants are not guilty.

Reasons

1. No person who is guilty of the facts charged shall make a false representation, such as making a false phone number of a caller while making phone calls for the purpose of making financial profits by deceiving other persons or of harming them by verbal abuse, threats, sexual harassment, etc.;

The defendants were friendly family members, the victim D(the age of 28) and the male-child family members of the defendant A were dead.

From November 6, 2014 to 03:53 on 03:53 to 03:56, the Defendants case the Defendant’s cell phone on the victim’s cell phone by means of restricting the phone number display using Defendant A’s cell phone, and then Defendant A came up with the victim’s “I am hyp, hyp, hyp, hyp, hyp, hyp, hyp, hyp, hyp, hyp, hyp, hyp., hyp to hyp., and Defendant B hump to hyp to hyp.

2. Article 84-2(1) of the Telecommunications Business Act provides that “A person shall not display a false phone number of a caller (including text messages; hereafter the same shall apply in this Article) while making phone calls for the purpose of causing harm, such as verbal abuse, harrassment, etc., at the same time.”

"The prosecutor claims that the defendants' act is in violation of the above provision of law."

However, in light of the literal meaning of the text, the term “duplicating” in the above provision shall be deemed to mean that the telephone transmitter has changed the phone number from one’s own phone number to another, and limiting the indication of the phone number is merely a mere fact that the phone number is not indicated, and the phone number is changed.

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