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(영문) 부산지방법원 2018.11.08 2018노2343
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: (a) the Defendant did not repeatedly send the victim a text message that arouses fear or apprehension, or (b) did not put a letter of intent in threatening the victim, but the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. On March 4, 2016, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information and Communications Network Utilization (hereinafter “instant charges”) sent the Defendant’s mobile phone with the victim’s mobile phone at a place where it is difficult to know the Defendant’s location around 09:46 on March 4, 2016, the Defendant sent the Defendant’s mobile phone with the same text message as indicated in the attached list of crimes in the lower judgment from that time to July 18, 2016, including sending the Defendant’s mobile phone with the same text message as the Defendant’s mobile phone, “I ambly man in his own do not have a human nature.”

By doing so, the Defendant reached the other party repeatedly through the information and communications network the text that arouses fear or apprehension.

2) On January 3, 2017, at a place where it is difficult to identify the place, the Defendant posted a photograph of the said victim’s son at D’, a mobile used goods transaction site via the Internet, and posted a letter stating “E (victim’s clinic summary)” as “Before he/she opens the Daegu Round for the purpose of doing so, he/she shall set up a letter on the said website, stating that “Seman’s Roster is the side of the police station’s length.” On January 13, 2017

Ethypted on Ethypt

On January 17, 2017, a notice was given stating that it is not very big to make it open to the public, and on the NAV (F) connected to the link to the above site on January 17, 2017.

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