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대구지방법원 서부지원 2019.10.01 2019고단895
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

The defendant, who worked as an employee in a restaurant operated by the victim B, was found to be in an employment relationship with the victim, and the victim was dissatisfied with the victim's complaint due to the victim's act of putting negative comments on the restaurant operation and sending uneasiness letters on the tables operated by the victim, etc.

around 05:44 on January 23, 2019, the Defendant sent to the Defendant’s home located in Seo-gu Seoul Building D using the Defendant’s mobile phone, saying, using the Defendant’s mobile phone, that the Defendant’s cell phone “to be subject to punishment for misunderstanding within the audience and to not communicate twice,” and sent to the Defendant a text message “on the part of the Defendant’s cell phone, i.e., sending at the presiding judge’s cell phone,” and that “on the part of sending a certificate of seal imprint or offcoming,” “on the part of sending at the time,” and “on the part of a certificate of seal imprint,” from April 14, 2018 to February 10, 2019, sent text messages over a total of 24 times as indicated in the attached list of crimes, thereby reaching the victim with a text creating fear or apprehension repeatedly.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to printed materials of letters to a course-fags, photofags, printed materials to a course-fagsing, the complainants and the contents of the Defendant’s conversation and printed materials, E Blogs, and

1. Relevant legal provisions concerning criminal facts, Articles 74 (1) 3 and 44-7 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Utilization of Communications Network and Information Protection, Etc., and Selection of Imprisonment with labor

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the defendant acknowledges the crime of this case; Article 62 (1) of the Criminal Act provides that the defendant has no criminal records subject to punishment; and

1. Probation and community service order under Article 62-2 of the Criminal Act;

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