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(영문) 광주지방법원 2016.10.07 2016고정961

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the president of the food distribution company called “B”, and the victim C is the president of the “DPC” that received food from the Defendant. From around 21:00 on November 29, 2015 to around 22:00, the Defendant posted a statement stating that “the victim did not receive a telephone with approximately KRW 1,500,000 of the price of supplied goods from the Defendant’s dwelling (Gwanbuk-gu E) and visited the victim’s caroto Ri on the ground that the victim did not receive a telephone with no payment of approximately KRW 1,50,000 of the price of supplied goods,” as indicated in the attached list of crimes, 51 times in total, as indicated in the attached list of crimes, the Defendant posted a written comments on the victim’s reputation, thereby revealing open facts through an information and communications network, thereby impairing the victim’s reputation.

This is a crime falling under Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and cannot be prosecuted against the victim's will specifically manifested in accordance with paragraph (3) of the same Article.

According to the records, it can be acknowledged that the victim explicitly expresses his/her intention not to punish the defendant on September 6, 2016, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed based on Article 327 subparagraph 6 of the Criminal Procedure Act.