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(영문) 부산지방법원 2018.04.18 2018고단44
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 25, 2017, from around 16:05 to around 16:30 on the same day, the Defendant opened the letter and opened the above 102 door on the ground that the victim’s husband and the Defendant had no response to the above 102 door due to the reason that the victim’s husband and the Defendant wanted to be able to be able to be able to be able to be able to have an internal relation between the victim’s husband and the Defendant, and opened the sealed mail after taking out the mail sent to the victim’s first floor mail.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall distribute information with a content that arouses fear or apprehension through an information and communications network to reach other persons repeatedly in the form of code, text, sound, image, or picture;

Nevertheless, on January 26, 2017, the Defendant sent to the victim D’s cell phone by using the Defendant’s cell phone Kakao Stockholm, which was around 13:10, but was around 13:0,000, the Defendant sent the Defendant’s cell phone of the victim D with the Defendant’s husband, and sent the message to E, which was sent to the victim’s husband, along with the photograph taken by the Defendant, and the photograph recorded with E, “I cannot send the message to which he was sent and crossed out.” The Defendant sent the word, “I am a letter stamped by which he was stamped on which he was affixed,” and “I am a letter, picture, and voice recording file, including the Defendant’s sexual video, from January 26, 2017 to February 18:41, 2017, which led to fear or apprehension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The principal of a mobile phone or a photograph to take a photograph;

1. A detailed statement of card payments;

1. Application of statutes governing Kakao Stockholm messages and text messages;

1. Article 74(1)3 and Article 44-7 subparag. 1 subparag. 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning criminal facts, pertinent legal provisions and punishment, and Articles 316 of the Criminal Act.

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