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(영문) 대구지방법원 의성지원 2016.04.21 2015고단222
무고등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall repeatedly send words, sounds, letters, images, or motion pictures inciting fear or apprehensions to any other person through an information and communications network.

Nevertheless, on June 2, 2015, at the defendant's house located in Cheongong-gun C around 23:08, the defendant's house located in Cheongong-gun C, the victim D's "I p peep at this time, so far as I am far far far away from the punishment.

It is easy to use the back survey of wurgy on the south of the inner frithy and the half of the inner frithy.

The same year, including transmission of cell phone text messages containing “”

6. Until August 8, 200, by smelling text messages of similar contents over 63 times in total as indicated in the list of crimes in the annexed crime list, the message or writing was sent repeatedly to the victim’s fear or apprehension through an information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the transmission and reception of text messages in the police statement protocol with regard to D

1. Application of text messages statutes;

1. Article 74 (1) 3 of the Act on Promotion of the elective Use of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, and Articles 44-7 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The number of letters sent by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not include a large number of times, and the injured person wishes to punish the defendant because he/she did not agree with the victim. However, there are circumstances that may be taken into account to some extent in the circumstances leading to the crime of this case, and there are no criminal records beyond the fine for the defendant, the fact that the defendant has no criminal records beyond the fine for the defendant, and other sentencing factors specified in the arguments of this case, such as the defendant's age, environment, sex behavior, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of all the sentencing factors

The acquittal portion

1. Summary of the facts charged

A. On May 30, 2015, the Defendant damaged property: (a) around 15:30.

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