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(영문) 청주지방법원 충주지원 2017.09.06 2017고정79
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged of the instant case shall not distribute information with a content that arouses fear or apprehensions through an information and communications network to reach other persons repeatedly in the form of code, text, sound, or image.

Nevertheless, around 01:19 on July 8, 2016, the Defendants: (a) posted comments intending to walk the victim D’s former male-child-friendly E in the head of the Party B located in the Chungcheongbuk-si, B; and (b) recruited the victim to call to “no information from the sender”; (c) provided the victim with “no information from the sender;” and (d) expressed the victim’s desire to call to “no information from the sender; (b) around 01:19 on the same day; and (c) provided the victim with “no information from the sender; and (d) expressed the victim’s desire to call to “no information from the sender; and (d) that caused fear and apprehension of the victim by sending the phone at a total of nine times until July 9, 2016, including the list of crimes.”

2. The facts charged of the instant case cannot be prosecuted against the victim’s will specifically manifested 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.

According to the records, the victim of the crime of this case can be acknowledged to have withdrawn his wish to punish the defendant after institution of the prosecution. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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