정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecution of this case is dismissed.
1. Around September 20, 2013, around 18:30 on September 20, 2013, the Defendant posted a notice of the summary of the facts charged that “F’s comments on the victim E-related news of “D” (hereinafter “D”) by accessing the Internet portal server site at the Defendant’s office located in Guro-gu Seoul Metropolitan Government, posted a notice of the content that “F’s comments on the victim’s news that had sexual relations with F and that in return, the victim had a sexual relation with F and that in return he had a G D.”
However, there was no fact that the victim met F.
As above, the Defendant undermined the honor of the victim by openly pointing out false facts with the intent to defame the victim.
2. The facts charged in the instant case are crimes falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which cannot be prosecuted against the victim’s will explicitly manifested.
According to the records, the victim's withdrawal of his/her wish to punish the defendant on November 28, 2014, which was after the prosecution of this case was instituted, is recognized. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.