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(영문) 광주지방법원 순천지원 2016.11.02 2016고단1189
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

The defendant had a complaint against the victim B (the age of 53) who is tangled with the three-dimensional relationship with male.

1. On September 5, 2015, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent a text message stating that “I would die” to the victim’s Handphone (D) using his handphones (C) on a non-commercial area; (b) on October 13, 10:18 of the same month, the Defendant sent a text message, such as sending a text message and a photograph, from the 61st day of the same month to the 17th day of the same month, that “I will die.”

As a result, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through information and communications network.

2. On the 15th day of the same month, at around 02:10, the Defendant sent a text message, “The victim’s Handphone is sent one by all phone calls from the victim’s hand, but the victim’s Hand. The elderly and the victim’s aged and the victim’s family relation register by sending the text message, “the victim’s family relation register will be sent by phone call from the victim’s family relation register” along with the victim’s family relation register.

Summary of Evidence

Defendant’s legal statement

B Application of the police statement statement law to B

1. Relevant legal provisions concerning criminal facts, Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of repeated transmission of letters), Article 283 (1) of the Criminal Act and the choice of imprisonment;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

3. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant reflects the error, the circumstances leading to the crime, and

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