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The prosecution of this case is dismissed.
Reasons
1. Summary of the facts charged
A. The Defendant: (a) asked the victim B to take a hedging; and (b) had the victim’s sexual dynamic images and the victim’s b body photographs, etc. with the victim’s family members as if they were sent to the victim’s family; and (c) had the victim fright to continue the resistant relationship.
On June 11, 2017, the Defendant sent the victim’s text messages using the Defendant’s mobile phone at an insular location at around 15:25, and made intimidation by transmitting the victim’s text messages, “insular sular scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive s
(b) No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow any person to reach another person repeatedly in the form of code, language, sound, image, or picture that arouses fear or apprehension through an information and communications network;
On June 8, 2017, the Defendant used the Defendant’s mobile phone at the victim B’s cell phone at an insular location around 22:32.
썅년아, 더러운 년, 뒤져 라” 라는 문자 메세지를 전송한 것을 비롯하여 같은 달 21.까지 사이에 총 45회에 걸쳐 피해자에게 문자 메세지 등을 전송하였다.
Accordingly, the Defendant repeatedly sent words and images that arouse fears or apprehensions through information and communications network to the victim.
2. Each of the facts charged in the instant case is an offense falling under Article 283(1) of the Criminal Act and Article 74(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act and Article 74(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.
In this regard, the record reveals that the defendant's consent after the prosecution of this case was made to the defendant.