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(영문) 인천지방법원 부천지원 2019.10.31 2019고단2938
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the company purchaser of Seo-gu Incheon apartment B, Incheon, and the victim C(the age of 42) is the chairperson of the occupancy countermeasure committee.

The defendant thought that there is a problem that B's promise of landscaping construction works, etc. to be implemented prior to the sale of apartment units, or that it is not properly implemented, and that there is a problem that B's failure to properly deal with it by the occupancy support committee, and by posting an article criticisming the Internet car page operated by the occupancy support committee, the defendant has been dissatisfied with the forced withdrawal and has used the DNA anonymous toilet room to criticize many problems with anonymous members

A. On February 27, 2019, the Defendant, etc. of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) posted a notice to the effect that he would offer preferential treatment to a specific business entity, by pointing out the false fact that he would offer preferential treatment to the specific business entity, which is not a whole business entity, but a certain business entity, and that he would have been able to know that he would have provided preferential treatment to the specific business entity, as shown in attached Form 1, the Defendant, etc. of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation).

3. By up to 13. A notice posted a total of seven times, thereby impairing the honor of the victim.

B. Around March 1, 2019, the Defendant: (a) posted a notice to a victim and “H” on the same place as the foregoing “A”; (b) and a reading room as “H”; and (c) posted a notice to a total of seven times until March 12, 2019, such as “crime List 2” attached to the attached Form.

2. Determination and conclusion, the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) is a crime of non-competence (Article 70(3) of the same Act), and the offense of insult is a crime subject to victim’s complaint (Article 312(1) of the Criminal Act).

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