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(영문) 서울중앙지방법원 2013.10.11 2013고정3110

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged in this case

A. On September 4, 2012, the Defendant indicated on the Internet that the victim E committed a sexual assault case on September 4, 2012 with a view to slandering the Defendant.

B. On November 9, 2012, the Defendant indicated on the Internet the false fact that the said victim possesses virusess that form the cause of sexual illness, for the purpose of slandering the Defendant.

Accordingly, the Defendant, as seen above, destroyed the honor of the above victim by exposing false information openly through information and communications networks with a view to defameing the public.

2. We examine the judgment. The case is a crime 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 express intent under Article 70 (3) of the same Act. According to the records of this case, it is obvious that the victim withdrawn his/her wish to punish the defendant on October 11, 2013, which was after the prosecution of this case was instituted, and thus, the prosecution of this case is dismissed under Article 327 (6) of the Criminal Procedure Act