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(영문) 창원지방법원 진주지원 2015.11.19 2015고정487

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecution of this case is dismissed.

Reasons

1. On April 17, 2015, the Defendant sent letters to the victim over 11 times, as shown in the annexed sheet of crime, on the ground that he/she did not repay the money borrowed by the victim B at a place where it is unknown at least 19:27 on April 17, 2015.

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 pursuant to Article 74(2) of the same Act. According to the records of the instant case, the facts that the victim expressed his/her wish not to punish the Defendant on October 16, 2015, which is after the public prosecution of the instant case was instituted can be acknowledged. Thus, the instant public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.