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(영문) 서울남부지방법원 2017.12.20 2017고단4863
협박등
Text

The prosecution of this case is dismissed.

Reasons

Summary of Facts charged

1. The Defendant, from around 11:38 July 13, 2017 to around 12:00 of the same month, calls from his mobile phone (B) to the victim’s mobile phone (C) and calls from the victim’s mobile phone (C) to “if you look at the digital region in the Gu, she will not report the thickness of his mother.

The victim threatened the victim, considering the attitude of "any harm and harm such as "".

2. The Defendant of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (hereinafter “the Act”) around 13:12 on July 2017, 201, through the Kakakao Stockholm’s mobile phone (C) on the victim’s mobile phone (hereinafter “KaKakao Stockholm”).

By the 25th day of the same month, including sending the message of the content, 11:48, the 16th day of the same month, in total, led the victim to feel fear or uneasiness.

However, the facts charged in the instant case constitute a crime falling under Article 283(1) of the Criminal Act, Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, and thus, cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act and Article 74(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection.

Since the victim submitted a written agreement to the effect that he/she would withdraw his/her wish to punish the defendant on September 7, 2017, which was after the case was prosecuted with the summary order, the victim is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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