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(영문) 부산지방법원 동부지원 2018.11.21 2018고단1828
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, the Defendant used the Defendant’s mobile phone from May 9, 2018 to the victim B’s mobile phone from May 9, 2018 to the Defendant’s mobile phone from May 08:43, 201.

우리 엄마 찾아가니 마니 ㅋㅋㅋㅋ 존나 멋있네

From around that time to around 04:53 of the same month, the message sent 20 times from that time, including sending the text message “,” reached repeatedly the text that arouses fears or apprehensions for the victim by transmitting the text message 20 times as indicated in the list of offenses committed in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to Mesto photographs;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) a defendant being investigated for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against his old female-friendly job offering victims (such as a camera, etc.); and (b) a defendant again sent a text message causing fear or apprehension to the victim; (c) a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of the said sexual crime was committed for six months; (d) a suspended sentence of imprisonment was sentenced to two years; and (e) a defendant is still pending in Busan District Court; (e) a defendant is selected to be sentenced to imprisonment in consideration of the fact that he/she made a confession; (e) a confession is deemed not illegal acts against the victim; and (e) the defendant is a young age.

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