The prosecution of this case is dismissed.

1. The summary of the facts charged shall not distribute information with a content that arouses fear or apprehensions through the information and communications network to reach other persons repeatedly in the form of code, words, sound, image, or motion picture;

Nevertheless, the Defendant sent a text message to the victim’s cell phone (G) with the victim’s cell phone (E) and the Defendant’s cell phone (F) living together, on October 8, 2013, in the Defendant’s house located in Thai City from 05:3 to 06:44 on the same day, and sent a text message to the victim 18 times in total, as indicated in the attached Table of Crimes List, stating that the Defendant’s cellular phone (E) and the Defendant’s cellular phone (G) with the victim’s cellular phone (F).

Accordingly, the defendant sent repeatedly the text that arouses fear and apprehension to the victim.

2. Determination

(a) Applicable provisions of Acts: Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.;

(b) A crime of non-compliance with an intention: Article 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

(c) Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Agreement dated December 24, 2013);