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(영문) 인천지방법원 2017.09.01 2017고정1858
특수협박등
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged against Defendant A and the injured party B are the relationship between Defendant A and the injured party B with a debt of KRW 60 million with respect to real estate sale.

A. The same year from January 11, 2017 to a defendant who violated the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.

2. "Nine within the victim B and his/her family member's mobile phone using his/her own mobile phone between 19:04 and around 28.

Then I think that cafeterias can be seen as cafeterias, which will do so in the future of the Cropty Crop;

I find up to the Company and find it in question, and the thickness to open the NNA key, and the CN newspaper as it is;

Does there be a life-long nivers and harassment, “the content of this case is sent in writing, etc.” and sent a total of 27 text messages to the victim’s mobile phone at least nine times in total as indicated in the following crime sight table, thereby reaching the victim’s text that arouses uneasiness through an information and communications network’s mobile phone.

B. On January 13, 2017, the Defendant threatened the victim by inserting a knife in a newspaper at the location of the victim B, No. 112, 604, Nam-gu Incheon Metropolitan City apartment house C around January 13, 2017.

2. Determination

(a) Applicable law: Article 74(1)3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), Article 283(1) of the Criminal Act

(b) Crimes of non-violation of intention: Article 74 (2) of the Information and Communications Network Act, Article 283 (3) of the Criminal Act;

C. Judgment dismissing a public prosecution: (a) On August 30, 2017, after the institution of the instant public prosecution, a letter of withdrawal of a complaint containing an expression of intent not to punish the victimized person against the Defendant was submitted.

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