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(영문) 인천지방법원부천지원 2020.09.14 2020고정536
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person prosecuted shall allow anyone to reach other party repeatedly in the form of code, literature, etc. that arouses fear or apprehension through an information and communications network;

Nevertheless, at around 04:40 on September 21, 2019, the Defendant sent to the victim B (the 26-year-old-old-old-year-old-old-year-old-old-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

2. The determination of this case constitutes Article 74(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 will specifically manifested pursuant to Article 74(2) of the same Act. According to the statement on withdrawal of a complaint submitted to the court on September 10, 2020, which was after the prosecution of this case, it can be acknowledged that the victim does not want punishment against the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, and it

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