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(영문) 춘천지방법원 영월지원 2014.08.26 2014고단217

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged shall not allow anyone to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehensions through an information and communications network;

Nevertheless, at around 22:45 on March 4, 2014, the Defendant sent text messages causing fears or apprehensions to the victim at the Defendant’s house located in Thai City B, and then sent text messages creating fears or apprehensions to the victim over 32 occasions from that time to March 6, 2014, including sending text messages creating fears or apprehensions to the victim, with the victim’s male-friendly mobile phone D and drinking alcohol like D at the Defendant’s home, and using the Defendant’s mobile phone (E).

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 said Act. The facts that the victim had withdrawn his/her wish to punish the Defendant on April 11, 201, which is the date of the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.