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(영문) 전주지방법원 군산지원 2018.07.04 2018고단58
정보통신망이용촉진및정보보호등에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant sent a text message stating that “If he/she is aware of the nature of the damage by making a prompt call and return to a franite in his/her own sense, he/she should do so, by making use of the Defendant’s cell phone (E) to the victim F’s cell phone (G) at around 17:16 of the same day when he/she unilaterally notified the victim of the change on October 15, 2017.”

From the time of reaching the victim, up to 06:35 of the following day, the codes, language, sound, image, or picture that arouses fear or apprehensions in total 16 times in the annexed crime list reached the victim repeatedly.

Summary of Evidence

1. The defendant's partial statement (the fact that words, such as the statement in the list of offenses, are transmitted shall be recognized);

1. Legal statement of F;

1. Statement made by the prosecution against the F;

1. Application of statutes to a written statement of text messages;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the punishment of imprisonment, or the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is advantageous to the fact that the defendant has no record of committing the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, and that the defendant has no record of punishment heavier than the fine.

However, it seems that the damage suffered by the victim is considerable due to the instant crime, such as the victim’s appeal for considerable anxiety, etc., and the Defendant, even after the instant crime was committed, sent letters to the victim sufficiently without disregarding the intent of the victim.

such contact as may be.

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