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(영문) 의정부지방법원 2017.04.27 2017고정164
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 9, 2016, the Defendant sent the Defendant’s cell phone text message “I am soon from Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Li to Lii.

In addition, from that to June 9, 2016, the Defendant sent repeatedly text messages to the victim 37 times more than 37 times by attaching screen pictures showing the sexual intercourse with the victim, such as the list in the attached crime list.

As a result, the Defendant repeatedly sent words and videos that arouse fears or apprehensions to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to victims (1, 2 times);

1. Details of text and telephone transmission transmitted to the victim by the victim, and contents of Kakao transmission transmitted to the victim by the victim;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016) regarding criminal facts; the selection of a fine and the selection of a fine

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act is examined as follows: (a) the accused recognizes the criminal facts of this case and reflects his mistake; (b) the economic situation appears to have not been made a judicial decision for the impeachment; and (c) the fact that there is no record of criminal punishment after around 2007 after the fact that there is no record of criminal punishment is recognized as normal in favor of the accused.

However, the crime of this case by transmitting text messages, etc. that cause uneasiness to the victim over 30 times is not less than that of the crime in light of the content and method of the crime, and the victim is the victim.

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