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(영문) 창원지방법원 진주지원 2016.08.25 2016고정263
재물손괴등
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

1. On May 27, 2015, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.: (a) sent a text message to the victim’s portable phone using the Defendant’s portable phone to the victim’s cell phone, stating that “The C-C-C-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. Around October 19, 2015, the Defendant damaged the 10-meter high-level and approximately 10 meters high-level pine trees owned by the victim, which were planted at the victim’s forest located in Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun, and 1 meter high-level of 10-meter high-level and 1% of 1 meter high-level pine trees owned by the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. Details of text messages, and application of statutes governing certified copies of registers;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., Article 366 of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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