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(영문) 광주지방법원 2017.01.25 2016고단5110
협박등
Text

The prosecution of this case is dismissed.

Reasons

1. Around August 4, 2016, the summary of the facts charged in the instant case stated as follows: “Around August 4, 2016, the Defendant, within the “C District Housing Redevelopment and Improvement Project Office” located in the Dong-gu, Gwangju, Gwangju, the Defendant called “C District Housing Redevelopment and Improvement Project Office”, D, E, F, G, H, etc., 6 times by phone calls from the victim J (I, 49 years old) and “I, I, I, I, and following I, as soon as I, I, and I will soon do so.”

As a result, the Defendant abused the victim openly and at the same time threatened the victim with fear and apprehensions through the information and communications network by repeatedly reaching the text that arouses fear and apprehensions.

2. We examine the judgment. The above intimidation is a crime falling under Article 283(1) of the Criminal Act, and the crime cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. The above insult is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. The above violation of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. cannot be prosecuted against the victim’s express intent under Article 74(2) of the Criminal Act. According to the withdrawal of the complaint and the written agreement submitted to this court on December 2, 2016, the victim’s criminal action against the defendant after the prosecution of this case was instituted and the victim expressed his wish not to prosecute the defendant. Thus, the prosecution of this case is dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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