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(영문) 서울남부지방법원 2015.04.30 2014고단5068
간통
Text

The prosecution of this case is dismissed.

Reasons

1. No person charged with an offense shall allow any codes, language, sound, image, or motion picture that arouses fear or apprehensions through an information and communications network to reach another person repeatedly;

Nevertheless, on September 1, 2014, the Defendant: (a) sent a phone using a Handphone at a place where the Defendant was living in Ansan-gu F on September 1, 2014, on the ground that the Victim E, who was a member of the Victim E, her her sexual disease, her desire to handle her sexual patient; and (b) sent the phone using a Handphone at the victim E’s Handphone at the place where the Defendant was living in Ansan-gu, Ansan-si; (c) “I am within the inside, where I am inside, I am at school, I am, I am, I am, I am, I am, I am, I am, I am, I am at the victim’s Handphone; and (d) the Defendant sent the phone with the victim’s her husband, “I am at the victim’s bl phone, son, bit son, son, son, I am amb, I am am.”

In addition, at around 00:22 following the day, the Defendant sent a message with the victim E Handphone with the content of “Nices, video, present thickness,” and sent a message with the victim I’s handphone on the same day at around 00:23 of the same day.

As above, the Defendant, from September 1, 2014 to September 23:57, 201, sent phone calls or letters to the victims, and from September 1, 2014, from around 23:50 the following day, 47 times in total, as indicated in attached Tables 1 and 2, reached repeatedly the text and sound causing fears and apprehensions to the victims.

2. 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 Information and Communications Network Utilization and Information Protection, Etc., and cannot be prosecuted against the victim's will explicitly manifested.

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