The prosecution of this case is dismissed.

No one who outlines the facts charged shall distribute information that leads to fears or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, text, sound, image, or motion picture.

Nevertheless, at around 11:21 on March 6, 2018, the Defendant sent a text message to the victim B (the age of 32 omitted) using the Defendant’s handphone number (the number omitted), stating that “Isnic acid liver and Iscopic sexual act that is not a suspicion and is not a normal locking place, and that Iscopic to the hospital.” From January 4, 2019, the Defendant sent a text message over 146 times as indicated in the annexed crime list until January 4, 2019, and repeatedly sent the text message that arouses fear or apprehension through the information and communications network, thereby reaching the victim.

Judgment

The crime described in the facts charged falls under Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and thus cannot be prosecuted against the will specifically expressed by the victim pursuant to paragraph (2) of the same Article.

According to the records, it can be recognized that the victim expressed his/her intention not to be punished after the prosecution of this case. Thus, this case is decided as ordered by the dismissal of public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.