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(영문) 서울동부지방법원 2020.06.02 2020고단1309
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The abstract of the facts charged shall not allow anyone to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehension;

Nevertheless, around 10:03 on January 19, 2020, the Defendant sent a text message from the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government B apartment C to the cell phone of the victim D (the age of 63) with a cell phone of the victim D (the age of 63) with the cell phone of the victim (the age of 63) from the time around the same year.

2. By March 2, 200, text messages were repeatedly sent to the victim, which could cause fears or apprehensions over 34 times in total, such as written in the list of offenses.

2. Determination

(a) Applicable provisions of Acts: Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.;

(b) A crime of non-compliance with an intention: Article 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

C. The victim should indicate his intention not to punish after the prosecution of the case.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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