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(영문) 서울남부지방법원 2018.02.09 2018고단199

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecution of this case is dismissed.

Reasons

On October 22, 2017, the Defendant is a cellular phone used by the victim B on October 19:2, 2017, and the parents who receive bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,

In addition to sending the text text messages such as ‘A', the text messages containing abusives, etc. repeatedly over 34 times have reached the cell phone used by the injured party repeatedly, and caused the injured party to feel fear and apprehension.

The facts charged in the instant case are crimes falling under Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 74(2) of the same Act.

In such a case, the victim submitted a written agreement on December 19, 2017, which was after the prosecution of this case, that the defendant does not want the punishment of this court. If so, the victim has expressed his/her wish not to prosecute a case which cannot be prosecuted against the clearly expressed intention of the victim.

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