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(영문) 수원지방법원 평택지원 2018.05.03 2017고정603
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

As the Defendant was working in the same workplace as the victim C, the Defendant divided the conversation between the victim and the Kakakao Stockholm with the victim during the process of suspending the payment of remuneration in advance due to the suspension of the victim’s retirement. However, around March 25, 2017, the Defendant had to store the DNA president with the same son.

The message was sent 17 times through 17 times, such as this dogbs and carbs, which can be killed as one hand, and argur son sent to his hand the message, stating that argur has the value of the processed matter, and that argur has the same time.

As a result, the Defendant’s bullyings the victim by sending text messages to the victim several times without good cause.

Judgment

Article 3 subparag. 40 of the Punishment of Minor Offenses Act provides that “Any person who repeatedly emblings another person by making phone calls, text messages, letters, e-mails, electronic documents, etc. several times without justifiable grounds.” The above provision appears to be a typical subject of punishment in cases where the sender cannot be identified in light of the title, and thus the repeated of the phone calls or text messages, in itself, leads another person to an intimidating. In addition, considering the legislative purpose of Article 2 of the Punishment of Minor Offenses Act, “the person shall not be subject to this Act for any purpose other than the original purpose,” it is difficult to view that the Defendant and the victim, who was aware of usual as shown in the instant facts charged, sent a somewhat excessive text message in the process of disputing each other in the form of text messages, telephone, etc., as seen in the instant facts.”

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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