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(영문) 인천지방법원 부천지원 2017.11.06 2017고단2377
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant uses the "C" name in the "Nexman Online Game" game, and the victim C uses "D" and "E" in the above game, and the Defendant and the victim from around May 15, 2017.

5. From 16. 16. 00:30, the above game was operated by the Defendant, and at the time, the Defendant was aware that the Defendant was able to read the language posted by the Defendant and the other users on the screen, because the victim had many other users of the street in which the game was engaged together with the ordinary game.

The Defendant, at a place where around 23:45 on May 15, 2017, the Defendant, while engaging in the said game at a place where it is difficult to know, refers to the victim who advertised item sale in the total hosting hold, and the facts are as follows: (a) although the victim did not have committed sexual assault against the non-victim female, he/she does not mean that he/she did so.

C. Accomparably borrowed from a party to the complaint

H 아 니야 "라고 허위 내용의 글을 게재하고, 2017. 5. 16. 00:26 경 위 게임의 전체 채팅 창에 "E 이 성범죄 고소 미 먹을 뻔햇는데 빌어서 고소 미안먹엇다고 내가 팩트 날 렷 는 데 "라고 허위 내용의 글을 게재하였다.

Accordingly, the Defendant, through the information and communication network, destroyed the reputation of the victim by disclosing false information openly.

2. The facts charged in the instant case constitute an offense under Article 70(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. and thus cannot be prosecuted against the victim’s specific intent pursuant to Article 70(3) of the said Act.

According to the records, it is recognized that the injured party expressed a specific intent that he/she does not want punishment against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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