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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged shall not allow anyone to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehensions through an information and communications network;
Nevertheless, at around 12:00 on January 6, 2020, the Defendant repeatedly sent his hair pictures through the information and communications network seven times in total from around the following day, to the victim D (the age of 33) with his/her cell phone device for about two months, which he/she saw that he/she will stop hiding. Moreover, the Defendant sent his/her hair pictures using his/her cell phone to the victim D (the age of 33) with his/her own phone, and had the victim repeatedly arrive at the text, image, or image that arouses fear or apprehension through an information and communications network during a total of seven times as indicated in the attached list of crimes from around that time.
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) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (any expression of intention not to punish a person on September 11, 2020);