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(영문) 인천지방법원 2013.12.09 2013고단4532
정보통신망이용촉진및정보보호등에관한법률위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. On February 4, 2012, the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Utilization, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) sent a phone call to the victim’s mobile phone by using a mobile phone on the ground that the victim C, who was flatly flud in Incheon, does not reach the meeting, and, on September 21, 2012, the Defendant sent it to the victim’s mobile phone and sent it to the victim’s mobile phone, saying, the Defendant: (a) knew that the victim’s mobile phone begins; (b) caused the occurrence of fear or apprehension through an information and communications network; (c) made it clear that the inside and outside of the phone is not an empty; (d) refused, refused, or interfered with the phone; and (d) from that time to September 21, 2012, the Defendant reached information that may cause fear or apprehension through an information and communications network, such as an information and communications network.

B. At around 13:50 on September 9, 2012, the Defendant threatened the victim by saying, “I want to die, I would like to die, I would like to do so, because I would like to do so, I would like to do so. I would like to do so, because I would like to do so, I would like to do so, because I would like to do so. I would like to do so, because I would like to do so. I would like to do so.”

2. Each of the above facts charged is a crime falling under Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 283(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 74(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 283(3) of the Criminal Act. According to the written agreement compiled in the records, the victim wishes to punish the Defendant on November 29, 2013, which is the date of the instant indictment.

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