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의정부지방법원 2017.04.18 2017고단859

협박등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is between C and C, and the victim D is a person who has taught the above C in the past.

A. On February 15, 2016, the Defendant, in Mapo-gu Seoul, around 22:00, knew of the fact that the victim and C had to the motherel on December 2015, 2015, and knew that the victim and C had to the motherel, “I ambi, male-gu, etc. with the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of

“Intimidating” the term “.

(b) No one shall repeatedly send any codes, text, sound, image, or motion picture that arouses fear or apprehension to any other person through an information and communications network;

Nevertheless, the Defendant sent at the same place on February 16, 2016, the victim’s mobile phone with the text message stating “Mana,” and the victim’s mother’s mobile phone from around 12:28 on the same day, and sent the victim’s and his mother’s mobile phone with the text message creating fear and apprehensions on 45 occasions.

2. The grounds for dismissing the public prosecution of this case are the crimes falling under Article 283(1) of the Criminal Act and Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and where the public prosecution of this case cannot be instituted against the intent specifically expressed by the victim pursuant to Article 283(3) of the Criminal Act and Article 74(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. In light of the agreement and written withdrawal of complaint filed in the public trial record, the facts that the victim has withdrawn his/her wish to punish the defendant on December 22, 2016 are recognized. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.