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(영문) 서울남부지방법원 2016.07.11 2015고정1658
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case against the Defendants is dismissed.

Reasons

1. Defendant A is a writing book of D, an online newspaper of the Dolology, and Defendant B is an issuer.

No person shall conceal any false information openly through an information and communications network with intent to defame any other person, thereby impairing the reputation of any other person.

Nevertheless, at around 21:00 on December 7, 2014, Defendant A, at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, posted a title “G” to “G” for the purpose of slandering the victim F by accessing the said D site on the bulletin board of “Akn Forum”, and Defendant A received an annual salary of KRW 00 million for each year, where he left a locker as he left the public opinion, as he left the locker, as he left the public opinion. In addition, the activities of the H church and activities, as well as the missionary activities, he takes advantage of the overseas travel in a single set, and the name is a H church, but he actually owns a golf course that is actually mixed, regardless of its members, and Defendant B reviewed and approved the pertinent notice.

However, the victims did not have the right to enter the golf course under the name of the church, or there was no entry of the golf course membership in the name of the church.

As a result, the Defendants conspired, thereby impairing the reputation of the victim by openly pointing out false facts through information and communications networks.

2. Reasons for dismissing the public prosecution: Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.; Article 30 of the Criminal Act; Article 70(3) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.; Article 327 Subparag. 6 of the Criminal Procedure Act (written withdrawal of a complaint filed by the victim on July 7, 2016)

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