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(영문) 대전지방법원 2019.06.27 2019고단1772
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 2016, the defendant had resided in the family of the defendant in Seo-gu Daejeon as a de facto marital relationship with the victim B (n, 51 years of age) from September 2016.

1. From April 29, 2019 to around 03:25, 03:27 of the same day, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent a text message to the victim’s mobile phone using the Defendant’s mobile phone Messenger from around 03:27 of the same day; (b) thereby, it was difficult for the victim to have avoided D and winding; and (c) thus, (d) sent the text message to the victim’s mobile phone, stating that “the victim would have been killed, dead, dead, dead,

5. By no later than 15.0, a text message sent to the same purport 14 times as indicated in the annexed List of Crimes was sent so that the text message repeatedly sent to the victim that arouses fears or apprehensions through an information and communications network.

2. On May 15, 2019, the Defendant: (a) around 05:45 on May 15, 2019, at the front parking lot of the said victim’s house located in the M apartment district in the large exhibition Dong-dong, the Defendant: (b) caused the damage of property to the effect that the victim was unable to take intimidation as described in paragraph (1) and returned to the victim’s house and did not keep the Defendant. (c) The Defendant destroyed the said car to the extent that the victim continued to keep up with the Defendant after going back to the victim’s house. (d) At the same time, the victim’s vehicle parked at the same place, she was cut off with the string of the two joints of the G-learning car, which is the victim’s possession. (d) The Defendant sealed the roof on the roof of the said car, and destroyed the said car to the extent that the 3,366,240 won

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning B;

1. On-site photographs, de facto marriage board pictures, list of de facto marriage groups, and the closure of E message, registration certificate;

1. Application of written estimates for automobile inspection and maintenance;

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

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