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(영문) 울산지방법원 2013.09.09 2013고단2709
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the victim B (the age of 44) and the person who came to know through Internet hosting on December 2, 2011, and participated in the tasks among them. A.

Around 12:40 on January 7, 2013, the Defendant assaulted the victim at one time on the hand by stating that “within the CM5 car owned by the Defendant, which is located in the Ulsan District Court parking lot located in Ulsan-gu, Ulsan-dong, Ulsan-dong, the Defendant “the victim has no way to talk with the Defendant at a clean hedge ground.”

(b) No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall distribute information with a content that arouses fear or apprehensions to reach other persons repeatedly through an information and communications network;

Nevertheless, on January 18, 2013, at around 15:26, the Defendant used his/her mobile phone to make use of the victim B’s mobile phone, the Defendant made it possible to repeatedly reach the victim with the text and image that may cause apprehensions, such as sending pictures containing final finites, around 15:32 on the same day, and on around 15:32 on the same day, whether the Defendant is responsible for it; on the 20th day, around 18:30 on the 20th day of the same month; on the 18:31 on the 20th day of the same month; on the 20th day, around 18:32 on the 20th day of the same month; and on the 18:32 on the 20th day of the same month, the Defendant made it possible to repeatedly reach the victim.

2. Determination No. 1-A

The facts charged in the paragraph are crimes falling under Article 260(1) of the Criminal Act, which are crimes of non-compliance with will in accordance with Article 260(3), and Article 2-2(b).

The facts charged as stated in paragraph (1) are crimes falling under Articles 74(1)3 and 44-7(1) and 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and are crimes of non-compliance under Article 74(2). The victim B, who was prosecuted as of July 31, 2013.

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