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(영문) 대구지방법원 2020.04.28 2020고단531

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the victim B using the account “D” in C, and the defendant A uses the account “E”, “F”, and “G” on the same website.

On September 16, 2019, at around 20:58, the Defendant continuously posted a notice stating that “E” account is “E,” the victim’s account is named, and “malins women” in the Daegu Suwon-gu’s residence. On September 16, 2019, around September 21, 2019, the Defendant continuously posted a false notice stating that the victim was dead by continuously preparing the same writing as the attached list of crimes.

2. Determination

(a) Applicable provisions of Acts: Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.;

(b) A crime of failing to impose a penalty against an intention: Article 70 (3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection,

C. On December 12, 2019, after the prosecution of this case, a written application for non-prosecution of the victim was submitted.