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(영문) 춘천지방법원 속초지원 2014.07.16 2014고단138
정보통신망이용촉진및정보보호등에관한법률위반
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 of the final judgment.

Reasons

Punishment of the crime

At around 23:45 on November 7, 2013, the Defendant sent a text message containing the victim’s desire to take the victim’s cell phone in the same way 46 times in total, as indicated in the attached list of crimes, from November 4, 2013 to November 11, 2013, on the ground that the victim B (n, 54 years of age): (a) expressed a text message with the victim’s mobile phone (number: D) using the victim’s mobile phone (number): and (b) sent a text message with the victim’s mobile phone (number: D); (c) and (d) from November 4, 2013 to November 11, 2013, the Defendant sent between the victim and the victim’s mobile phone in the same manner as indicated in the attached list of crimes.

As a result, the defendant sent text messages that cause fears and apprehensions to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order: The defendant is in the past.

Along with the fact that the victim was assaulted and threatened by finding out the victim who was under a suspended sentence in around 1996 and the contact point of the victim was confirmed, and the text message creating fear and apprehensions by making the victim contact with the victim known, was sent over several times. The defendant, even though the victim was under an investigation upon complaint by the victim, made contact with the husband of the victim while the victim was under investigation, and made contact with the victim by using another person's telephone that the victim did not receive the victim's telephone, and sent text message in favor of the victim to the point that the victim wanted for a strict punishment and complaining of the suffering from the above act of the defendant: From around October 1996 to October 2017.

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