beta
(영문) 대구지방법원 의성지원 2014.08.14 2014고단51

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. On June 28, 2013, Defendant A, at around 13:26, 2013, posted a false statement as follows: (a) with the intent of slandering the victim E and F on the D Job Council free bulletin board, which is an information and communications network; (b) the victim F was aware of the fact that the victim F was subject to a non-prosecution disposition that was not guilty of the charge of bribery in the case of bribery; and (c) the victim F was promoted to a public official through a legitimate promotion review, the victim E was pushed the victim E in the second priority order and promoted the victim F who received the bribe; and (b) the fact was that the victim E promised to promote the Defendant on the condition that the victim E withdraw a civil petition filed by the Defendant to the Supreme Prosecutors’ Office; (c) there was no fact that the victim E promised to promote the Defendant on the condition that the Defendant would withdraw the civil petition.”

Accordingly, the defendant, by pointing out false facts, has damaged the honor of victims.

B. Defendant B with a view to slandering the Victim FF around June 28, 2013, Defendant B.

As described in the paragraph, A’s unilateral assertion without undergoing any verification procedure, and without registering the above writing in the column of notice of the free bulletin board of the D Workplace Council, which is an information and communications network, thereby impairing the reputation of the victim F by allowing the users of the site to easily see it.

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., and cannot be prosecuted against the victim’s express intent pursuant to Article 70(3) of the same Act. According to the records, the victim E does not want punishment against the victim A on July 9, 2014 (the victim E submitted a written withdrawal of complaint to this court on April 16, 2014, and the prosecutor revoked the relevant part of the indictment and rendered a decision to dismiss the prosecution by this court on August 8, 2014).