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(영문) 서울동부지방법원 2015.03.16 2015고단51

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged led the victim to repeatedly reach the victim by sending text messages to the victim B at least four times in total, as indicated in the attached list of crimes, through a mobile phone via an information and communications network.

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., which cannot be prosecuted against the victim’s specifically manifested intent pursuant to Article 74(2) of the same Act. As such, the revocation of complaint filed by the victim on January 13, 2015, stating the withdrawal of the victim’s wish to punish the victim, submitted to this court on January 13, 2015, after the instant indictment, the decision is made in accordance with Article 327(6) of the Criminal Procedure Act.