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(영문) 대구지방법원 2017.07.07 2017고정177
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged of the instant case shall not allow anyone to reach another party repeatedly in the form of code, text, sound, image, or picture that arouses fear or apprehension through the information and communications network.

Nevertheless, the Defendant was in a relationship with the victim C (V, 41 years of age) and was in a relationship with the victim C. On August 2016, 2016, while entering the phone call with the victim, the Defendant was in a dispute with the former husband of the victim and hedginged, and had the victim expressed an mind that the Defendant would bullying the victim by transmitting text messages causing fears or apprehensions to the victim.

피고인은 2016. 10. 25. 21:47 경 불 상의 장소에서 피고인의 휴대전화 (D) 로 피해자의 휴대전화 (D) 로 “ 좃 빨고 있나

From the time of transmitting the word “,” to the end of the 26th day of the same month, the message sent to the end of the same month, as indicated in the attached list of crimes, which arouses fear and apprehensions at least 12 times in total.

As a result, the Defendant repeatedly sent sign language, sound, image, or image that arouses fear or apprehension to the victim.

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.;

(b) A crime of non-violation of intention: Article 74 (2) and 74 (1) 3 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc.;

C. The expression of non-influence of punishment: The victim C’s withdrawal of complaint and the letter of agreement (non-application of punishment) stating the defendant’s non-influence of punishment after the indictment of this case is filed.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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