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(영문) 서울북부지방법원 2016.02.25 2016고단47
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person prosecuted shall allow any codes, text, sound, image, or motion picture that arouses fear or apprehension to reach another person repeatedly;

Nevertheless, at around 19:57 on June 7, 2015, the Defendant sent the Defendant’s home located in Seoul Special Metropolitan City, Nowon-gu, to the victim who was unaware of the Defendant, the Defendant sent the Defendant the word “I would like to go to the Defendant as today scam,” as shown in the list of crimes in attached Form 449, such as sending the word “I want to go to the Defendant as today scam scam,” as shown in the list of crimes in attached Form 449.

2. The offense of violating the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. is an offense falling under Article 74 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and cannot be prosecuted against the intent specifically manifested by the victim pursuant to paragraph (2) of the same Article.

Therefore, since the victim expressed his/her intention not to be punished against the defendant after the institution of the instant prosecution and the document stating his/her intention was submitted to the court on February 25, 2016, the prosecution against the assault is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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