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(영문) 인천지방법원 2014.02.17 2014고정333

정보통신망이용촉진및정보보호등에관한법률위반

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The prosecution of this case is dismissed.

Reasons

1. On September 7, 2013, at around 00:56, the Defendant: (a) used the Defendant’s mobile phone at an irregular place, and died of the victimB’s mobile phone, and (b) recorded the record. The Defendant’s summary of the facts charged is that: (a) the Defendant died of the victimB’s mobile phone using the Defendant’s mobile phone; (b) the Defendant’s crypted the victim’s mobile phone; (c) the crypted the cryp of the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp.

2. The facts charged in the instant case are crimes falling under Article 74(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 express intent under Article 74(2) of the same Act. According to the records, the facts that the victim withdrawn his/her wish to punish the defendant on February 17, 2014, which was after the public prosecution in the instant case was instituted. Thus, the public prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.