Text
Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
1. A defendant who violated the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. on January 23, 2015 is a victim D's mobile phone around January 11:14, 2015, and “Is to the Eup office now.”
B. Along with the transmission of the text message “Cata”, the message sent from around that time to June 3, 2017, including the transmission of the text message “Cata”, to a total of 40 times as indicated in the annexed crime sight table.
2. On January 23, 2015, the Defendant damaged the property and infringed upon the residence of the victim via the key repair hole before the victim D resides in the Namnam-gun apartment complex (hereinafter “the apartment of this case”) in front of 901 (hereinafter “the apartment of this case”) before the victim D’s residence, the Defendant replaced and damaged the said apartment house by replacing the digital painting equivalent to KRW 150,000,000 at the market price installed in the said apartment house’s entrance, and invaded the victim’s residence.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A written statement of F and G;
1. Neither the closure nor the flag destruction photograph of the flag [the defendant and his defense counsel asserted to the effect that the act of replacing a new flag with a new flag does not harm the performance of the act, and thus does not constitute a crime of property damage. However, the circumstance that the defendant, without permission, removed the existing flag from the time the flag was removed to enter the victim's house, and that a new flag was installed after the flag does not affect the establishment of a crime of damage to the existing flag, and thus the above argument cannot be accepted];
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 74(1)3, Article 44-7(1)3 (a) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the fact of repeated transmission of letters causing uneasiness), Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, and selection of fines;
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 of the Criminal Act to attract a workhouse.