1. On March 14, 2019, the Defendant sent a message, “I am satise fababababababababababababababa,” to C, who is the victim’s seat, at a non-fabababa, at the location of the victim.”

However, there was no fact that the victim made a speech that he / she gets her body without giving money to the defendant.

As a result, the Defendant, for the purpose of slandering, damaged the reputation of the victim by openly disclosing false information through the information and communication network.

2. No person eligible for promotion of information and communications networks, etc. shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, on February 22, 2019, the Defendant sent text messages to the victim, using his/her mobile phone at an unspecified place on February 15:34, 2019, stating that “if he/she died, he/she shall cause any error to collapse” to the mobile phone, and from February 22, 2019 to February 15:34, 2019.

3. From 14:09 up to 21.209, text messages that cause apprehensions over 13 times in total, such as in the annexed list of crimes, were repeatedly transmitted.

2. Determination

(a) Applicable provisions of Acts: Articles 70 (2), 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.;

(b) A crime of non-violation of intention: Articles 70 (3) and 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

C. On March 16, 2020, after the prosecution of this case, a written application for non-prosecution of the victim was submitted.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.