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(영문) 부산지방법원동부지원 2020.10.23 2020고단1072
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant was faced with conflicts over the issue of division of property, such as the right to operate convenience stores, etc. after divorce around the victim B (the age of 44) and November 2019.

No one shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture that arouses fear or apprehension through an information and communications network.

Nevertheless, at around 20:43 on December 30, 2019, the victim’s cell phone text messages were sent to the victim’s mobile phone text messages, stating that “If a person gets divorced for this year, he/she would have easily known of the end of the day, and as he/she was unable to perform his/her funeral, he/she would be able to bring the head office to the sound of the true mind, even if he/she would be the same as the one of the two winds,” and that “from December 8, 2019 to December 30, 2019, he/she reached repeatedly the text that arouses fear or apprehensions for the victim on 27 occasions, such as the list of crimes committed in the attached Form.

2. Provisions of applicable Acts to charged facts: Judgment dismissing a victim's wishes not to prosecute (a statement of intent to revoke a complaint) after prosecution under Article 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Article 327 subparagraph 6 of the Criminal Procedure Act).

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