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(영문) 인천지방법원 2017.10.24 2017고합387

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The prosecution of this case is dismissed.

Reasons

1. On September 22, 2016, the Defendant posted an article to the victim F, who is the president of the tenant of the apartment-type factory, “E” under the title of the Act on the Measures for the Accusation of the Representative's Water-level Contracts Impeachment, on the Kaf, “D” located on the Internet Internet NVV. In addition, there are many issues that are currently at issue, and it was impossible to confirm that the Defendant refused the request for the disclosure of information in the modern table and the management office.

(b) At present, the enforcement department has been dealing with losses of up to 2 billion won.

“The representative group of occupants, including the victim who is the representative of occupants, posted a notice as if the representative group of occupants, including the victim, has treated the amount of KRW 2 billion as losses.

However, the victim did not deal with the loss of 2 billion won in relation to the operation of the apartment factory.

Accordingly, with the aim of slandering the victim, the Defendant posted a false fact openly through the information and communications network, thereby impairing the honor of the victim.

2. The facts charged in the instant case are crimes falling under Article 70(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc., and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 70(3) of the same Act.

According to the records, it is recognized that the victim expressed his/her intention not to be punished on October 23, 2017, which was after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.