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(영문) 부산지방법원 동부지원 2015.07.08 2015고단879
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged does not reveal openly facts to the public for the purpose of slandering a person through an information and communications network and distribute information that defames another person’s reputation. On October 3, 2014, the Defendant, at the reading room where the trade name in the Busan Busan Shipping Daegu apartment building is unknown, connected with the ID connected to the “C” by using smartphones, and then, connected the victim D’s “E Licensed Real Estate Agent Office” to the “E Real Estate Office” which is the representative of the E Real Estate Office, published an evaluation letter stating that “the victim D, who is the representative of the E Real Estate Office, has expressed his desire, and later made the victim’s reputation by revealing publicly false facts by allowing the search of the “E Licensed Real Estate Agent Office” to be seen by many unspecified persons.

2. The judgment is a crime falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which cannot be prosecuted against the victim’s explicit intent pursuant to Article 70(3) of the same Act. According to the records, the victim can be acknowledged on April 8, 2015, which is after the prosecution of this case, that the victim has withdrawn his/her wish to punish the defendant.

3. According to the conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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