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(영문) 의정부지방법원 2013.10.16 2013고정1057

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecution of this case is dismissed.

Reasons

1. No person prosecuted shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or picture;

Nevertheless, around 03:09 on January 14, 2013, the Defendant sent the victim’s mobile phone text messages to C with the word “Yeeeei Mai Mai Mai Mai Mai Mai Mai”, and sent the victim four-time text messages as shown in the table of sight, thereby repeatedly reaching the victim’s text causing fears or apprehensions using the information and communications network.

2. The facts charged of this 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 the facts charged of this case cannot be prosecuted against the victim's will specifically manifested pursuant to Article 74(2) of the same Act. According to the records, it is recognized that the victim submitted an application for non-prosecution of punishment to the effect that the victim would not want punishment against the defendant around September 23, 2013, which was after the institution of the prosecution of this case, around September 23, 2013. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6