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(영문) 서울남부지방법원 2016.11.11 2016고단4648

폭행등

Text

The prosecution of this case is dismissed.

Reasons

1. Around June 8, 2016, the summary of the facts charged and the victim B (the age of 37) liveded with the victim for about eight years, and the Defendant received a separate notice from the victim on June 8, 2016, and received the victim’s home to the victim’s house so that the victim would grow up with the victim’s house.

No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall repeatedly send any codes, words, sound, image, or motion picture that arouses fear or apprehension to any other person through information and communications networks.

Nevertheless, the defendant from around 10:00 on June 9, 2016 to the same year.

8. From around 18:00 up to 24.24. Around the Defendant’s residence located in Guro-gu Seoul, Guro-gu and 104, the Defendant used the mobile phone “Kakakao Stockholm” Meet to repeatedly reach the victim’s text that arouses fear and apprehensions of the victim, such as “the victim’s death and satise in the address of the opening year,” “I will die,” “I will die,” and “I will die.”

B. On August 19, 2016, the Defendant assaulted the victim on the front side of the “E” located in Guro-gu Seoul Metropolitan Government Guro-gu on August 23:00, on the ground that the victim does not move without his own telephone, and caused the victim to have his chestd three times with his left hand.

2. Determination

A. The facts charged on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. 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 intent specifically manifested under Article 74(2) of the same Act. According to the records, the victim can have withdrawn his/her wish to punish the defendant after the institution of the instant case. Thus, the prosecution on this part is dismissed

B. The part of the charge of violence is a crime falling under Article 260(1) of the Criminal Act.