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(영문) 수원지방법원 2016.09.28 2016노2294
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) reveals the victim’s daily text messages sent between him/her and the victim, and did not send any text message creating fear or apprehensions.

2. Comprehensively taking account of all the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court, the fact that the Defendant had repeatedly reached the victim with signs and words causing fear or apprehensions through an information and communications network, as shown in the judgment below, can be sufficiently recognized.

(1) The defendant and the victim are the same company fees.

On April 23, 2015, the victim observed and reported obscenity by the defendant.

Accordingly, the defendant known the victim's telephone number within the company and sent the victim several characters such as the crime list in the judgment of the court below for a short time.

② A victim who received letters from a defendant clearly expressed his/her intent not to send or call letters.

Nevertheless, the Defendant only used the expression “self” or “balling” to the victim without any relationship with the victim and continued to read the word “self” or “baling.”

③ The victim actually frightened and frightened the Defendant, and the investigative agency is working at home without going through the company due to the Defendant.

The statement was also made.

Therefore, the defendant's assertion of facts is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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