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(영문) 의정부지방법원 2013.11.07 2013고정2284

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecution of this case is dismissed.

Reasons

1. On November 7, 201, the Defendant sent a text message, “Iskhum hump hump hump hump hump hump hump hump hump?hump hump hump?hump hump?hump hump hump?hump hump?hump hump?hump hump?hump hump?hump hump?hump hump?hump hump?hump hump?hump?h.h., from that time until around 19:57 of the same month,

2. The facts charged in the instant case are crimes falling under Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and cannot be prosecuted against the victim’s specifically manifested intent under Article 74(2) of the same Act. According to the written agreement compiled in the trial records, it can be recognized that the victim B withdrawn his/her wish to punish the defendant on November 7, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.