The prosecution of this case is dismissed.

No person who outlines the facts charged shall distribute information with a content that arouses fear or apprehensions through an information and communications network in which he/she may repeatedly reach another person in the form of code, text, sound, image, or picture.

피고인은 2017. 6. 11. 18:31 경부터 2017. 6. 12. 14:28 경까지 사이에 자신의 집에서 휴대폰 (B) 을 이용하여 고소인 C의 휴대폰 (D )으로 " 참, 우리 여보 는 얼마나 섹스를 잘하는지 짝짝 빠진다.

Full in the paper, the author repeatedly sent the mobile phone letters that cause fears to the above complainants through 58 times in total, including the text message "I wish to do so and to do so, I would like to do so."

Judgment

The facts charged of this case are crimes falling under 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, and cannot be prosecuted against the victim’s will specifically manifested under Article 74(2) of the same Act.

In such a case, the victim submitted a written agreement on February 6, 2018, which was after the prosecution of this case, that the defendant does not want the punishment of this court. Thus, it is only when the victim expresses 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.