정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecution of this case is dismissed.
1. On August 20, 2013, the Defendant, using the Defendant’s smartphone at an irregular place, posted comments on the Defendant’s reputation by openly pointing out false facts with respect to the victim by openly pointing out false comments on the Defendant’s reputation by accessing D’s “Scarto Ri,” which is the victim’s partner company C, on August 21, 2013.
2. The instant facts charged constitute a crime 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 express intent pursuant to Article 70(3) of the same Act. The records of the instant case reveal that the victim has withdrawn his/her wish to punish the Defendant on May 26, 2014. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.