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(영문) 대구지방법원 2013.08.13 2013고단4277
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. On July 17, 2012, the summary of the facts charged and the victim B sent a text message stating that the Defendant was in an internal-related relationship with the victim, and on July 17, 2012, at around 9:06, the Defendant sent the victim’s cell phone text message “18 years old or well prepared.”

From around that time to May 27, 2013, the Defendant sent to the victim information that arouses fear or apprehensions through a cell phone, which is an information and communications network, at least seven times, as indicated in the attached list of crimes.

2. The facts charged in the instant case are those 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 under Article 74(2) of the same Act.

However, on July 1, 2013, after the institution of the instant prosecution, the victim withdrawn his/her wish to punish the Defendant, and thus, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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