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(영문) 의정부지방법원 2015.07.03 2015고단503

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecution of this case is dismissed.

Reasons

1. Around May 27, 2014, the summary of the facts charged in the instant case: (a) the Defendant was connected to D for the purpose of slandering C post offices located in Ma Government-si B, and was subject to internal disciplinary action upon the victim E’s failure to deliver duplicates, etc. at the time of concluding the insurance contract; (b) the Defendant posted a written report on the grounds that the Defendant did not present the victim’s explanatory materials; (c) the Defendant did not intend to recognize the Defendant’s negligence at all, but did not cause any harm to other FC; and (d) urged the post office to make intimidation, instead of intimidation, to make intimidation to the press, and to make it possible for the Defendant to have access to the said website and to naturally dismiss the victim from office.

Accordingly, the Defendant, for the purpose of slandering people, revealed facts openly through information and communication network, thereby impairing the honor of others.

2. The facts charged in the instant case are crimes falling under Article 70(1) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc., which cannot be prosecuted against the victim’s express intent pursuant to Article 70(3) of the same Act. According to the records of the instant case, the victim expressed his/her wish not to punish the Defendant on January 20, 2015, which was the date of the instant indictment, and thus, the instant indictment is dismissed pursuant to Article 327