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(영문) 대구지방법원 포항지원 2017.01.24 2016고단1574

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, from February 2015 to August 2, 2015, retired from office while performing a general office of the Emergency Countermeasures Committee on the Construction of C Apartment Building, which was being constructed in the vicinity of B apartments, as a resident of the apartment located in B in the north-gu Seoul metropolitan area.

The victim D was the co-chairperson of the emergency response committee against the construction of apartment B.

The defendant around 16:07 on September 20, 2016, using the defendant's portable phone (E) to the same apartment resident F-Carrying phone (G), " now D weather is not the same as the situation.

H demanded 50 million won on the side of the vessel

The chief of the on-site office stated in a meeting place;

I.

The agreement has been leading so far to this low doping system.

I.

Despite the opposition of the residents in the 106-dong 703-dong 703 households that received the consent documents, they become a new household and sent a text message to the effect that “Woo-gu in front” was earlier.

However, in fact, D did not have any personal contact in addition to H's side and port viewing room, and there was no fact that H separately requested KRW 50 million.

Accordingly, the defendant injured the victim's reputation by openly pointing false facts through information and communications networks.

2. Crimes of non-violation of judgment: Dismissal of a public prosecution against a defendant of a victim after instituting a public prosecution under Article 70 (3) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.: Article 327 subparagraph 6 of the Criminal Procedure Act.