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(영문) 서울동부지방법원 2016.08.17 2016고정710
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. From November 21, 2015 to December 22:04, 2015, the Defendant: (a) was on the street in the vicinity of the king 207 Ma-ro Seoul, Seongdong-gu, Seoul, and (b) did not have been arrested as a flagrant offender by the victim C; (c) was posted to the room of the “E” organization with smartphone Kakao Kakao Stockholm D, the victim C was seated within the police box; and (d) was posted the photograph of the Defendant. The president of the association received the second protocol at the Sungdong Police Station.

“,” and members are arrested and investigated as flagrant offenders.

ㅠ” 라는 내용의 메시지를 게시하는 방법으로 사람을 비방할 목적으로 정보통신망을 통하여 공공연하게 사실과 다른 거짓의 사실을 드러 내 어 피해자의 명예를 훼손하였다.

2. The instant facts charged are cases 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. As the victim withdraws his/her wish to punish the defendant on August 3, 2016, the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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