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(영문) 울산지방법원 2017.07.13 2017고단1732
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. On August 25, 2016, the summary of the facts charged was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for intimidation, etc. by the Ulsan District Court and the same year.

9.2. A person whose judgment has become final and conclusive and who is currently under probation.

On April 21, 2017, at the residence of the defendant in Ulsan-gu B, Ulsan-gu, 301 on April 14:18, 2017, the defendant used a mobile phone to the victim C (V, 49 years of age) with a large number of spawns for the capital of the defendant.

In addition, from the time to the 17:34 on 22th of the same month, the Defendant sent text messages stating that the father’s life is “to be audited by the Defendant”, the Defendant repeatedly sent to the victim a total of seven times, such as the statement in the list of crimes, which led the victim to fear or apprehension.

2. Determination

(a) Applicable Act: Article 74(1)3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”);

(b) Crimes of non-violation of intention: Article 74 (2) of the Information and Communications Network Act;

C. Judgment dismissing a public prosecution: On June 26, 2017, after the institution of the instant public prosecution under Article 327 subparag. 6 of the Criminal Procedure Act, a written withdrawal of a complaint containing the victim C’s expression of intent not to punish the Defendant.

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