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The prosecution of this case is dismissed.
Reasons
The Defendant is a person who used the Internet social network service “C” in “htp” (/www.band.us/) (htp).
From August 2015 to September 2015, the Defendant: (a) received the victim’s photo and self-deficial images posted on the broadband opened by another person; (b) received them from one’s smartphone to one’s own smartphone; (c) confirmed the personal information of the victimized person through an information search on the Internet portal site “Htp://www.gole.co. Ltd.; and (d) opened an upline, such as “E” and “F,” etc. using the victim’s name.
On September 9, 2015, the Defendant used his smartphones at the Defendant’s residence located in Seongdong-gu Seoul, Seongdong-gu, 115 dong 601, and sent the victim’s pictures and videos to “E” o-mail, and then sent the victim’s pictures and videos to the victim. In around 02:45, the Defendant “if planned. Governance business is run to the people.” The Defendant is open to the surrounding people. The information ditchs return to the world.
In addition to sending the message “,” the message sent from 01:52 to 11:15 on the same day to the victim via a total of 12 times during the period from 01:52 to 11:15.
Accordingly, the defendant, as a murderer, threatened the victim with any harm to the life or body of the victim, or spread the above pictures and videos.
Judgment
The above crime shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 283 (3) of the Criminal Act as an offense falling under Article 283 (1) of the Criminal Act.
However, on April 4, 2016, after the institution of the instant indictment, the “written agreement, withdrawal of complaint, and non-application for punishment” stating the victim’s intent not to be punished against the Defendant was submitted to this court.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.