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(영문) 대구지방법원 2013.10.10 2013고단4222
협박등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Information and Communications Network Utilization and Protection, etc. shall distribute any information with a content that arouses fear or apprehension to the other party through any information and communications network, so that such information may be repeatedly sent to the other party;

On March 11, 2013, at around 01:06, the Defendant sent the victim E (here, 39 years of age) at the office and accommodation of the company located in Ulsan-gu, Ulsan-gu, Ulsan-gu, to the victim E (here, she was killed as a continuous death) and sent the text text messages which arouses fear or apprehensions to the victim from March 15, 2013 to March 10:23, 2013.

2. On May 14, 2013, the Defendant threatened the victim F, who is the father of the above E, in Ulsan-gu, Ulsan-dong, Ulsan-dong, Ulsan-dong, on May 8, 2013, by sending a letter of content proof to the victim F, who is the father of the above E, “I will receive all the amount of money only during the E and the same period. If it is known to the law, it is inevitable to physically resolve it.” If it is known to the law, the Defendant threatened the victim by sending the letter of content proof to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaint;

1. Investigation report (including the submission of the details of the Sms reception) and confirmation of details of the accompanied Sms reception;

1. In cases of investigation reports (a certificate of contents sent by a suspect, etc.) and certificates of contents attached thereto;

1. Application of investigation reports (verification of whether an act is committed) and statutes;

1. Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 283 (1) of the Criminal Act and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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