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(영문) 서울북부지방법원 2020.05.21 2020고정291

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The prosecution of this case is dismissed.

Reasons

1. On April 4, 2019, the Defendant posted a notice of disposition to the effect that “the victim was subject to a disposition of life-sustaining as a violation of the Copyright Act,” to the D group hosting room in which 33 persons engaged in hobbies using smartphones at his/her own residence in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for the purpose of slandering the victim E by posting a notice of disposition to the effect that “The victim was subject to a disposition of life-sustaining in violation of the Copyright Act,” thereby impairing the honor of the victim.

2. The facts charged of this case constitute a crime falling under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., where punishment cannot be imposed against the victim’s will pursuant to Article 70(3) of the same Act. Since a written agreement on March 30, 2020, which stated the victim’s expression of intention not to punish the defendant after the indictment of this case, was submitted to this court, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.