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(영문) 전주지방법원 2016.09.22 2016고단1069

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecution of this case is dismissed.

Reasons

1. On January 18, 2016, the summary of the facts charged is that the Defendant’s house located in the Defendant’s house located in Seocho-gu Seoul Special Metropolitan City C lending 203, from August 2014 to August 5, 2014, and that the victim D (V, 54 years old) who was fested for a year from around 1 year to 54 years of age, did not reach the part of the head of the victim’s photograph previously owned, and sent the victim’s cell phone one time via the victim’s cell phone using the Kakao Kao Stockholm.

In addition, the Defendant sent text messages that cause fears or apprehensions to the victim 14 times in total from that time until January 29, 2016, such as the list of crimes in the annexed list.

As a result, the Defendant repeatedly sent words and images that arouse fears or apprehensions through information and communications networks to the victim over 15 times in total.

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 cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 74(2) of the above Act. The records acknowledged that the victim expressed his/her intention not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.