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(영문) 대구지방법원 2015.08.11 2015고단3027

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecution of this case is dismissed.

Reasons

1. On February 2, 2015, the Defendant posted, on the portal site around 08:17, a notice on the following: (a) the word “B” written by the victim with respect to the restaurant (C) operated by the victim; (b) then, the Defendant posted the phrase “Is the owner’s seal wring at the bar, whether the price is a string machine or a garbage store; (c) the price is a string machine or the like garbage store”; and (d) at around 13:16 of the same day, the Defendant sent to the string, “Is the string of the ancient seat and the like garbage.” On the same day, the Defendant sent a notice to the 3rd floor of the victim, “Is the string of the string of the string and the string of the string of the stringer,” “Is the string of the string of the stringer,” “Is the 13th string of the stringer.”.

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) Crimes of non-compliance with will: Article 3 (3) of the same Act;

(c) Declaration of non-existence of punishment: The withdrawal of a complaint filed on July 9, 2015, which was subsequent to the institution of the instant indictment;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;