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(영문) 의정부지방법원 2020.02.28 2019고단4814
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of criminal facts is the victim B and the person who was in the past relationship with the victim.

On June 22, 2019, the Defendant repeatedly transmitted mobile phone text messages, etc. that cause fears or apprehensions to the victim six times in total, such as sending cell phone text messages, which is called ‘scambured', to the victim at an insular area below the Government around 08:25 on June 22, 2019.

2. The above facts charged constitute a crime falling under Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and cannot be prosecuted against the victim’s will specifically manifested pursuant to paragraph (2) of the same Article.

However, according to the records of this case, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant around September 4, 2019, which was after the prosecution of this case was instituted.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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