Text
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
1. On December 11, 2012, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. against Victims: (a) sent a text message to the victim’s cell phone using the Defendant’s cell phone to “the time when the victim died” on the ground that the Defendant’s request for immediate return of KRW 1.8 million deposited into the account of community credit cooperatives in the name of the victim C by mistake at a place where the location is unknown; (b) from around that time to February 26, 2013, the Defendant sent the victim’s cell phone using the Defendant’s cell phone to “the time when the victim died”, and (c) sent the text message to the victim’s cell phone with the victim’s cell phone more than 39 times in total, as shown in the List
2. On May 5, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., against the victim D, sent a text message with the victim D’s cell phone known to him/her of his/her cell phone at a place where it is unknown at which the Defendant’s location cannot be identified, including sending out a text message with the victim D’s cell phone with the content of “Chewing spatch cute simple bende and low price at night at night.” From March 16, 2013 to June 24, 2013, the Defendant sent a text message with the victim’s cell phone from March 16, 2013 to June 24, 2013, which led to fear or apprehension, thereby reaching the victim repeatedly.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or C;
1. Application of the Acts and subordinate statutes to the contents of letters and the contents of each text message;
1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting a crime;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. The reason for the suspended sentence of Article 62(1) of the Criminal Code is the same as the sentencing of Article 62(1) of the Criminal Code.