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(영문) 수원지방법원 성남지원 2013.05.07 2013고정398

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The prosecution of this case is dismissed.

Reasons

1. At around 13:42 on August 17, 2012, the Defendant: (a) accessed the Defendant’s home located in Seongbuk-si, Sungnam-si to the “E”; (b) was not in violation of the instant carbook’s full-time ledger and the victim G using the “F” on the bulletin board of the Kaf D honorary Member Office; (c) was written by using the Kafe-H’s bar operator’s clinic with the consent of the Kafe-H using the Kafe-H; (d) did not have used the said operator’s clinic; and (e) did not have used the said operator’s clinic as “F” or changed his gender to a male; and (e) did not have shoted the members to make up for a will, “F.F.” with the content of the Kafe-si’s Kafe-si’s Kafe-si’s Kafe-si’s Kafe-si, thereby making up several male members’s face and Do members’ face.

2. The facts charged of this case are crimes 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 will specifically manifested pursuant to Article 70(3) of the same Act. According to the records, the victim can be acknowledged the fact that he/she withdraws his/her wish to punish the defendant on May 7, 2013, which is after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6)