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(영문) 서울서부지방법원 2016.09.29 2016고정999
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On December 29, 2015, the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) by posting a false content that “E shall sexually assault a female,” and thereby defame the victim’s reputation by harming the victim’s E under the title of “F,” although there was no fact that the victim E had sexual assaulted a female,” at the Defendant’s home located in Seodaemun-gu Seoul, Seodaemun-gu C and 401, by using the computer.

B. On October 23, 2015, at the same place as in the preceding paragraph, the Defendant publicly insultingd the victim E by openly citing a computer in his own house of Seodaemun-gu Seoul, Seodaemun-gu, C and 401, using the Internet as an clinic called “D” on the bulletin board of the free debate of “Ara”, and “(China) Office C Kap E-Apon’s doctoral degree H et al., in which both mental and medical treatment should be provided.”

2. The crime of Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. is a crime falling under Article 70(3) of the same Act and cannot be prosecuted against the victim’s express intent pursuant to Article 70(3) of the same Act. B. The crime of Article 311 of the same Act is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the same Act. According to the records, E does not want punishment after the prosecution and expresses his/her intention to revoke the complaint. Thus, the prosecution of this case is dismissed pursuant to Article 327(5) and 6 of the Criminal Procedure Act.

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