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(영문) 서울남부지방법원 2015.02.05 2015고단151

협박등

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant and the victim C (V, 22 years old) in the facts charged are as between the church around June 2013. A.

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, at around 23:25 on January 7, 2015, the Defendant repeatedly transmitted the victim’s text that arouses fear or apprehensions about 30 times during the period from around 2015 to January 22:51, 2015, using smartphone Kakaoooom to “a fluent female fluort fluort fluort fluort flus” to the victim.

B. At around 17:30 on January 18, 2015, the Defendant threatened the victim, according to the victim's face coming out of the Escopian church, on the ground that the victim is avoiding himself/herself, and then he/she threatened the victim by saying, "I would like to resolve if I would know am hyp hyp?h?h?h?h?h?h?h?h?h?h?h?h??h?h?h?h??h?h?h??h??h?h??h??h??h?h??h??h??h??h?h?h??h?h?

2. In light of the judgment, the facts charged of the above paragraph (a) 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 express intent under Article 74(2) of the same Act. The facts charged of the above paragraph (b) are crimes falling under Article 283(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 283(3) of the same Act. The victim expressed his/her intention not to punish the defendant in accordance with a written withdrawal of complaint submitted after the institution of public prosecution.