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(영문) 대구지방법원 2017.10.23 2017고단3714
정보통신망이용촉진및정보보호등에관한법률위반
Text

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, text, sound, image, or picture creating fear or apprehensions through an information and communications network;

Nevertheless, on May 6, 2017, the Defendant listened to the victim C that he would no longer want to meet with the victim C that he came to know through the approximately one-month Pream, at the residence of the friendship in Daegu B around 08:42 on May 6, 2017.

두 같이 죽어 버린다, 이미 대포 폰 대포차 샀다” 라는 문자 메시지를 전송한 것을 비롯하여 같은 날 08:35 경부터 2017. 5. 7. 경까지 별지 범죄 일람표 기재와 같이 총 29회에 걸쳐 피해자에게 카카오 톡 메시지 및 문자 메시지를 발송하였다.

As a result, the Defendant repeatedly reached the victim by using information and communications networks the text that arouses uneasiness.

2. The facts charged in the instant case are the crimes falling under Articles 74(1)3 and 44-7(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 victim’s will specifically manifested in accordance with Article 74(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.

According to the records, the victim C withdraws his/her wish to punish the defendant around June 21, 2017, which was after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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