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(영문) 서울중앙지방법원 2021.03.26 2020고정2529

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged at “B” (C; hereinafter “B”) on the Internet website, an information and communications network.

The victim E was a person using the undisclosed called “D,” and the victim E was a person engaged in Internet broadcasting activities under the name of “F,” and was related to G professional H.

On February 19, 2020, the Defendant written a notice of “J” in the name of “J” on the bulletin board of I broadcasting (G broadcasting) at a place in the French border around 00:08, and written a notice to the Defendant’s inside “the end that the female (victim was a victim) was only a solitary male.”

Not later than 03:26 on the same day, the Defendant written a notice to the effect that the victim had been living together with another male on the I’s bulletin board five times in total, such as the list of crimes in the attached list of crimes.

However, there was no fact that the victim provided a teaching system with another male during the period of time in which H had been in the relationship with H.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

2. Determination

(a) Applicable legal provisions: Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.;

(b) Crimes of non-violation of intention: Article 70 (3) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.;

C. On February 5, 2021, after the institution of public prosecution, a written agreement stating the withdrawal of the victim's complaint and the intention of non-won of punishment is submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;