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(영문) 서울남부지방법원 2020.08.19 2020고정1414
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person prosecuted shall distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or picture;

Nevertheless, at around 01:58 on March 19, 2020, the Defendant sent a text message to the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that the Defendant had the wind of both men and the victim C, using the Kakakao Akaox, sent the Defendant’s face pictures to the victim’s cell phone to warn the victim, and “Cperer love”, “if having contacted or talked with the Defendant, you will turn back to the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the above part of the fore part.

As a result, the Defendant repeatedly sent words, images, or videos that arouse fears or apprehensions to the victim.

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) A crime 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) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (a written agreement that the injured party does not want the punishment of the accused is submitted on July 2, 2020);

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