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(영문) 광주지방법원 2020.01.08 2019고단4055
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the relationship between the Defendant and the Victim B (Y, 53 years of age) and the 5-year relationship.

The defendant from around 20:42 on February 7, 2019 to the same year.

5. From 13:47 on the grounds that the victim did not receive his own phone or refused to receive his phone without any reason, the victim repeatedly sent text messages, such as “Sama, span, span-rofin, friened friff, span-friened friff, knife, knife, knife, knife, kniff, etc., and caused the victim to feel fear or uneasiness.”

2. Determination

(a) Applicable provisions of Acts: Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

(b) Crimes of non-compliance with an intention: Article 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

C. On December 6, 2019, the victim B expressed his/her wish not to be punished.

(e) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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