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(영문) 서울동부지방법원 2018.09.06 2018고단2349
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a male-child-gu with the victim C (V, 23 years old) prior to the male-child-gu around July 2015.

After the Defendant was faced with the victim on April 2017, the Defendant sent several messages to the victim’s D account from around April 2017 to the victim to the effect that the Defendant wishes to talk again with the victim.

1. On March 30, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) sent several messages from around April 2017 to the victim’s D account using the Defendant’s cell phone at around 23:37, when the Defendant sent such messages to the victim several times; and (b) “A, I, I, I, and I, I, am going forward to the Defendant’s cell phone.”

네 집에서 꽁 냥 꽁 냥 하던 시절이 생생하구 나, 나의 술 실수로 인해 좆됐지만 너의 얼굴이 그리워, 맛있게 나를 먹어 주던 그 얼굴, ㅎㅎ’ 이라는 메시지를 보낸 것을 비롯하여 그때부터 2018. 5. 18. 20:52 경까지 별지 범죄 일람표 기재와 같이 총 6회에 걸쳐 같은 방법으로 정당한 이유 없이 피해자에게 D 메시지를 여러 차례 되풀이하여 전송하는 방법으로 괴롭혔다.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent the message to the victim at the time, place, as described in paragraph (1), as described in paragraph (1), from that time until May 18, 2018, the Defendant sent the message to the victim and sent the message that may cause sexual humiliation or aversion to the victim four times in total, as described in attached Table 1, 2, 5, and 6, from that time to May 20:52.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Investigation report (Attachment of suspect A telephone details);

1. Application of the contents of the D message, and the laws and regulations governing the D message pictures;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 3 (1) 40 of the Punishment of Minor Offenses Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 1, 2, 5, and 6 of the List of Crimes in Annex 1, 2, 5, and 50 of the Punishment of Minor Offenses Act is against the Punishment of Minor Offenses.

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