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(영문) 창원지방법원 2021.03.10 2021고단155
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person charged with an offense shall allow anyone to repeatedly reach the other party any language that arouses fear or apprehension through an information and communications network;

On June 8, 2020, the Defendant: (a) sent the Defendant’s text message stating “the victim’s location” using the Defendant’s mobile phone at the Defendant’s home located in Sungwon-si E Apartment-gu, Changwon-si; and (b) sent from July 22, 2020 to July 22:41, 2020, 159 text messages that cause fear or apprehensions of the victim, such as written in the list of crimes, which led to fear or apprehensions of the victim.

2. The facts charged as above are a crime falling under Article 74(1)3 and Article 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 pursuant to Article 74(2) of the same Act.

In doing so, the victim expressed on October 28, 2020, which was after the prosecution of this case, that he would not want the punishment of the defendant, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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