logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.10.12 2016고단1884
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged shall not allow anyone to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehensions through an information and communications network;

Nevertheless, on February 1, 2016, the Defendant sent the victim’s mobile phone using the Defendant’s mobile phone to “the victim’s mobile phone that he had become aware of at least 08:27 years of age (hereinafter referred to as “the victim’s 34 years of age”) did not receive a phone without paying a part of the amount borrowed.” From that time, the Defendant sent the victim’s mobile phone “the victim’s mobile phone that he sent a text message, which is “the victim’s mobile phone was sent to the width of Seoul, is waiting for a large number of bomer, and the width is waiting for a large number of bomer.” From that time to February 6, 2016, the Defendant sent a text message that arouses fear or apprehension on a total of 22 occasions as indicated in the list of crimes in the attached Form, and threatened the victim or his family members as if he would cause any danger or injury.

2. Determination

(a) Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 283 (1) of the Criminal Act concerning facts charged;

(b) Crimes of non-compliance with intent: Article 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 283 (3) of the Criminal Act.

(c) Declaration of intention of the victim not to punish him/her after public prosecution is instituted: Submission of a written agreement on September 28, 2016;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

arrow