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(영문) 수원지방법원 2015.12.09 2015고단5393
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person prosecuted shall allow any codes, words, sound, image, or motion picture that arouses fear or apprehensions through an information and communications network to reach another person repeatedly;

Nevertheless, the Defendant posted a letter stating that the victim B (the age of 20, South) sold the tables PC to the four-six times's cellular phone, and agreed to purchase the PC by phone to the victim, but sent text messages to the victim that the victim had contacted first, and then sent the text messages to the other person that was in contact with the victim, and then sent the text messages that caused fear and apprehensions repeatedly on the part of the victim's cell phone during about seven-six times's cell phone period, as shown in the annexed crime list, from July 28, 2015 to July 17, 2015.

2. Determination

(a) Crimes of non-compliance: Article 74 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

(b) The victim expresses his intention not to prosecute after prosecution.

(c) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;

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