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(영문) 서울서부지방법원 2017.12.22 2017고정1555
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged lies on the ground that the Defendant called the phone of the victim B (the remaining and the age of 57) who is not good between people, and the Defendant was called the phone, and around September 3, 2017, around 01:45, at the Defendant’s home located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant’s cell phone from the Defendant’s home located in Eunpyeong-gu Seoul Metropolitan Government, to the Defendant’s cell phone from the victim’s cell phone to the victim’s cell phone.

술만 처 머 으 면전화 욕하고. 다 됫 고. 넌. 내가지대로 확. 받아 줄게.

Along with the fact that a brupted area was sent to the victim by 03:23 on the same day, from that time, the textbook was sent to the victim at least eight times, such as the list of crimes in the attached Table.

Accordingly, the defendant has repeatedly reached the victim's text that arouses fear or apprehension.

2. Determination

(a) Applicable Act: Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information;

(b) Crimes of non-violation of intention: Article 74 (2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.;

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (Article 327 subparagraph 6 of the same Act shall be submitted to the victim who was not punished after the public prosecution of this case);

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