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(영문) 부산지방법원 2016.03.24 2016고단768
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All of the prosecutions of this case are dismissed.

Reasons

1. On November 28, 2015, at around 02:15, the Defendant’s summary of the facts charged: (a) connect the “C” restaurant operated by the Defendant in Busan Northern-gu with smartphones to the “C” and “Sakaoto Ri” with a view to slandering the Victim D, and (b) connect the Plaintiff to the “C” restaurant operated by the Defendant in Busan-gu, and “Satong-gu Council member of the Seoul-gu Council of the Republic of Korea, F of the Seoul-gu Council of the Republic of Korea, which is a member of the Division of the Division of the Republic of Korea, with a view to slandering the Victim D’s D, by using smartphones; (c) not using for local pending issues; and (d) not for performing the duties to be performed by the members of the Division of the Division of the Council of the Republic of Korea for the Republic of Korea for the sake of drinking and drinking for him/her; and (e) pressures the members of the Ma

Elivia

The status of a member of the North-gu Council of North Korea, Busan, would substitute for that of a member of the North-gu Council of North Korea.

(hereinafter referred to as “the omission”) stated the false facts.”

Accordingly, with the aim of slandering people, the Defendant posted false information openly through the information and communication network, thereby impairing the honor of the victim.

2. The above facts charged are crimes falling under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and cannot be prosecuted against the victim’s will pursuant to Article 70(3) of the same Act. According to the records, it can be acknowledged that the victim specifically expresses his/her intention not to punish the defendant. Thus, all of the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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