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(영문) 서울남부지방법원 2013.05.09 2013고단852
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who was a victim B (n, 26 years of age) and a person who was a year.

The Defendant notified the victim to himself/herself, and the victim was in custody of another male-friendly Gu with whom he/she had sexual intercourses with the victim, sent the victim's sexual intercourses to the victim's new male-friendly C, and delivered the victim's sexual intercourses to the victim's sexual intercourses to the victim's sexual intercourses, friendships, etc., in order to threaten the victim.

피고인은 2012. 12. 25. 16:31경 부천시 소사구 D 2층에 있는 피고인의 집에서 휴대전화(E) 문자메세지를 이용하여 피해자의 휴대전화(F)로 “어디까지 말해줄까 이왕 나쁜 놈 되었는데 더 나빠진다고 달라질게 있을까. 니가 어제 걔랑 같이 밤을 보내는 순간 내가 걍 포기하는 일은 없어지너야”라는 문언을 전송하였다.

From this point to 24:15 of the same month, the Defendant repeatedly reached the victim with a total of 12 times, such as the statement in the list of crimes, which arouses fears or apprehensions by the same method.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes of text messages;

1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. concerning the relevant criminal facts;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [The reason for sentencing] is that a defendant is a primary offender, that a defendant appears to have committed the instant crime by contingency, and that he is against his wrongness, etc. [Incompetence] The defendant has repeatedly transmitted letters, etc. causing fear or apprehension to the victim, and in fact, transmitted a sexually related video to the victim's mother, male-gu, etc. to implement the intimidation.

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