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(영문) 부산지방법원 동부지원 2019.06.19 2019고단705

정보통신망이용촉진및정보보호등에관한법률위반

Text

The prosecution of this case is dismissed.

Reasons

1. No person prosecuted shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or picture;

Nevertheless, on November 1, 2018, the Defendant sent a text message to the victim B (here, 50 years of age) via a mobile phone to the victim B (here, 50 years of age) (here, he/she will die and throw away) with four companies in Korea. The Defendant sent the C message stating, “I will not leave his/her parents. I will not leave his/her parents).” From around that time to November 6, 2018, sent text messages that cause fears or apprehensions to the victim four times in total, such as as indicated in the list of crimes in the attached Table.

Accordingly, the Defendant repeatedly reached the victim by using the information and communications network the text that arouses fears or apprehensions.

2. Determination

(a) Crimes of non-compliance with an intention: Article 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Disclosure, Etc.;

B. Submission of a written withdrawal of a complaint to the effect that the victim revoked the complaint against the defendant on March 6, 2019, which was after the indictment of this case.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;