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(영문) 대전지방법원 2015.06.05 2015고단426
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No one shall distribute any information with a content that arouses fear or apprehension through an information and communications network to reach another person repeatedly in the form of code, language, sound, image, or picture.

On June 1, 2014, the Defendant: (a) received cell phone numbers written on a passenger car parked by the Victim C (V, 29 years of age) and sent text messages to Kakaook on several occasions on the same day; (b) requested the victim to not communicate by sending text messages; and (c) from around 00:27 on June 27, 2014 to around 05:40 on the same day, the Defendant sent text messages to the victim at a non-place of Daejeon (SP), including the following: (a) from around 0:27, 2014 to around 05:40 on the same day, the Defendant sent text messages to the victim about 134 times continuously, and the same month.

4. At around 14:30, around 14:30, the victim sent text messages to the victim about 13 times, including the content of “many, D',” and the same month.

6. 05:58경 대전 이하 불상의 장소에서 피해자에게 전화를 걸어 그녀가 받지 않자 ‘쫄기는ㅋ, 너나봤지, 힘으로안되니경찰의지, ㅅㅂ아, 확, 쌍년, 병신년, 쌍년, 꺼져, 수입차딜러다 ㅅㅂ년아’라는 내용을 포함하여 피해자에게 문자메시지를 약25회 보냈다.

As a result, the Defendant repeatedly sent approximately 233 text messages for six days, thereby allowing the victim to repeatedly reach the codes and text messages that arouse fears fears or apprehensions by using the Kakao Stockholm, an information and communications network.

The Defendant, around 00:01 on March 20, 2014, received the express demand from the victim F (39 years of age, n) who became aware of the Internet hosting site E to send the Kakakakakao Akao Athothotho text message, thereby satisfying his sexual desire and give the victim a sense of sexual humiliation or aversion.

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