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(영문) 대구지방법원 상주지원 2019.03.26 2018고단266
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was the victim B (V, 17 years of age) and from March 29, 2016, and came to come into dispute around February 2018. A.

On April 21, 2018, the Defendant violated the Information and Communications Network Utilization and Information Promotion Act, etc.: (a) sent the victim with a cell phone from the Defendant’s house located in Gwangju-si, Gwangju-si, by sending the victim with a picture showing the Defendant’s sexual organ, and sending him/her with a separate and distinct view as to what year he/she would be, and in what way he/she would have been specially and separately given; and (b) sent him/her a message from around that time to April 13, 2018, which led the victim to fear or apprehension on a total of 275 occasions, such as written in the list of crimes in attached Form 275.

B. On May 1, 2018, around 20:53, the Defendant: (a) sought the victim’s residence located in D at the time of literature around 20:53; (b) sought the victim’s hand, and (c) took the victim’s hand, and (d) took the victim’s hand, and was led by force.

Accordingly, the defendant assaulted the victim.

2. Determination:

(a) Provisions of applicable provisions to the facts charged in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: A crime of failing to comply with an intent under Article 74 (1) 3 or 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc.: A judgment dismissing prosecution against prosecution on March 8, 2019 by the victim B after prosecution under Article 74 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection,

(b) Provisions of applicable provisions to the charges of assault: Crimes of non-compliance with intent under Article 260 (1) of the Criminal Act: After the prosecution under Article 260 (3) of the Criminal Act is instituted, the victim B shall be dismissed on March 8, 2019: Article 327 subparagraph 6 of the Criminal Procedure Act;

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