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(영문) 울산지방법원 2013.06.17 2013고단1831
정보통신망이용촉진및정보보호등에관한법률위반
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;

On October 21, 2012, at around 13:08, the Defendant sent the victim’s b body photograph to the victim C (n, 42 years of age) at the residence of 208, 703, Ulsan-gu B building 208, Ulsan-gu, 201, using the Defendant’s mobile phone, using the Defendant’s cell phone, and sent the victim’s b body photograph to D’s cellular phone over four times, and the Defendant sent the victim’s b body photograph to the victim’s cell phone on November 12, 2012.

As a result, the defendant has repeatedly transmitted the body photographs of the victim who caused uneasiness to the victim five times and reached it.

2. The above facts charged are crimes falling under Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which are crimes of non-compliance with intent under Article 74(2) of the same Act. The victim expressed his/her intention not to be punished by the defendant to this court on March 4, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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