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(영문) 창원지방법원 2013.12.18 2013고정1327
정보통신망이용촉진및정보보호등에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around May 27, 2013, when no one repeatedly arrives in another person through an information and communications network, the summary of the facts charged was an opportunity for the Defendant to become aware of the phone number of the victim C in the relationship between the former Defendant’s mother B and his mother B by using handphones used by the Defendant, and the victim’s cell phone “gorgs, fluors, fluor, fluor, and pigs going to fluor and fluor,” and the victim’s cell phone by repeatedly sending text messages six times in total, as indicated in the list of crimes, such as “fluorgs, fluor, and pigs going to fluort.”

2. The facts charged in the instant case are crimes falling under Article 74(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 74(2) of the same Act. According to the records, it can be acknowledged that the victim has withdrawn his/her wish to punish the Defendant on December 10, 2013, which was after the prosecution of the instant case was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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