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The prosecution of this case is dismissed.
Reasons
1. On November 1, 2018, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for an injury, etc. at the Daegu District Court, and the judgment became final and conclusive on November 9, 2018.
No one shall distribute information with a content that arouses fear or apprehensions through an information and communications network by reaching other persons repeatedly in the form of code, words, sound, image, or motion picture.
A. At around 10:55 on August 14, 2018, the Defendant sent the F message to the victim D using a mobile phone from Cheongsong-gun B and C, one’s dwelling place, to the victim, “I must see that I am only I am, and eventually I am am am son before the divorce.” From July 24, 2018 to August 22, 2018, the Defendant sent the F message to the victim D more than five times in total, as indicated in the list of crimes in attached Table 1.
B. At around 16:31 on August 12, 2018, the Defendant sent F message to F Group G at the same place, stating, “At the same time, from August 12, 2018 to F Group G, the Defendant sent F message to the victim G at a total of eight times, including, inter alia, from August 12, 2018 to August 29, 2018, the Defendant sent the victim’s message from around 16:31 to around 08:50 on August 29, 2018.
Accordingly, the Defendant repeatedly transmitted the F message causing uneasiness to the victims and sent it to them.
2. The facts charged in the instant 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 express intent of the victim pursuant to Article 74(2) of the same Act. Since a written agreement that the victims would not be punished against the Defendant was submitted to this court on August 6, 2019, the date the instant indictment was instituted, the instant indictment was dismissed pursuant to Article 327(6) of the Criminal Procedure Act.