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(영문) 청주지방법원 2014.12.02 2014고정851

명예훼손등

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On July 15, 2014, the Defendant damaged the reputation of the victim F by openly pointing out false facts, while talking about D’s future construction work performance at the office of the Defendant’s head of Si/Gun/Gu, Cheong-gu, U.S., the Cheong-si, the Cheong-si, the Cheong-si, the Cheong-si, the Cheong-si, the Cheong-si, the Cheong-si, the Cheong-si, the Ma-gu,

B. On August 1, 2014, at around 15:24, the Defendant: (a) posted a phone call to G customer center in front of the Cheongdong-si Cheongdong-si 173-19 Cheongdong-si Cheongdong-si; and (b) posted it to the employees H “F president, while carrying out construction work, covered the processed matter to Mana,” thereby impairing the victim’s reputation by pointing out false facts.

2. We examine the judgment. Of the facts charged in the instant case, the point of defamation (the part as above 1-A) is a crime falling under Article 307(2) of the Criminal Act, and Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (see the part as above 1-B, 74 pages) and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act and Article 70(3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which is a crime falling under Article 312(2) of the Criminal Act and Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (see the part as above 1-2, e.g., the part as to defamation of the instant facts charged. According to the written withdrawal of complaint filed in the trial record, F can be recognized to have withdrawn the Defendant