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The prosecution of this case is dismissed.
Reasons
1. No person prosecuted shall distribute information with a content that arouses fear or apprehensions through an information and communications network in which he/she repeatedly reaches another person in the form of code, text, sound, image, or picture;
Nevertheless, from around 09:38 March 15, 2017, the Defendant: (a) from around 09:38 March 15, 2017 to the cell phone (F) “(A) to which the victim E (n, 32 years old) was used as his cell phone (D) from around 106-dong 502, the Defendant’s dwelling address of the Defendant; and (b) to the office using the “Kakakao Stockholm Stockholm; (c)
이런 거 못 올릴 것 같아 이제 뵈는 것도 없는데.” 라는 ‘ 카카오 톡’ 문자 메세지와 피해자와 함께 성관계를 할 때 촬영한, 피해자가 스타킹을 신고 있는 사진을 보낸 것을 비롯하여 같은 날 11:32 경까지 별지 범죄 일람표 기재와 같이 문자 메세지와 사진을 보내
The text and image that arouses fear or apprehensions through information and communications networks have repeatedly sent to the victim.
2. The facts charged in the instant case are crimes falling under Article 74(1)3 and Article 44-7(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 will specifically manifested in accordance with Article 74(2)2 of the same Act.
The records show that the victim has withdrawn his wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.