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(영문) 광주지방법원 2019.04.30 2019고정223
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged and the victim B (the age of 28) came to be the year around June 2018 and came to be the year around January 2019.

No one shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.

On January 7, 2019, at around 01:47, the Defendant sent the Defendant’s home located in Seo-gu, Gwangju, with a complaint about the hedging with the victim, and sent the Defendant’s cell phone to the victim’s cell phone, thereby doing the same act to find it into the hospital. On January 7, 2019, the Defendant sent the word “I am hickly and I am hickly and I am hickly about that I want to do so.” At around 04:31 on January 7, 2019, the Defendant sent the word “I am hickly and I am hickly and I am hickly on the ground that I want to do so.” At that time, from January 8, 2019 to January 02:47, 2019, the Defendant continued to reach the victim’s body repeatedly over 53 times.

2. Grounds for sentencing a judgment dismissing public prosecution; and

(a) Article 74 (1) 3 or 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: Judgment dismissing prosecution under Article 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: Subparagraph 6 of Article 327 of the Criminal Procedure Act (where a victim expresses his/her wish not to prosecute a case which cannot be prosecuted against the victim's express wish or where his/her previous wish is withdrawn);

(b) Declaration of non-compliance with punishment: Submission of a letter of withdrawal of complaint on February 20, 2019, which was after the institution of public prosecution.

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