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(영문) 광주지방법원 목포지원 2014.01.27 2013고단1688
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that anyone should not repeatedly reach another person in the form of code, language, sound, image, or image that arouses fear or apprehension through an information and communications network, but the Defendant, at around 17:13 on June 22, 2013, sent to the victim B’s cell phone using the Defendant’s cell phone from the Young-gu, Young-gu, Young-gu, Youngnam-gu, Seoul, Seoul, to repeatedly reach the victim’s text that arouses uneasiness using the information and communications network 14 times, such as transmitting the word “I am hickly, I am hick, I am hick, I am hick, I am hick, I am hick, I am hick, I am hick, I am hick, I am hick, I am hick, and we am hick.”

2. We examine the judgment. 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 express intent pursuant to Article 74(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and records acknowledged that the victim B expressed his/her intent not to prosecute the defendant on January 15, 2014, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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