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(영문) 인천지방법원 2013.11.22 2013고정3987
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant was a member of the unit labor union in Gyeyang-gu Incheon, and the victim F, the head of the above unit labor union, was currently a member of the E-Trade, and the victim F, the head of the above unit labor union, did not receive the business performance wage from Incheon City or the company and did not have made it to other union members, etc., even though the victim did not know that he received the business performance wage through the account of the union. However, the Defendant revealed that, around 11:00 of May 23, 2013, the Defendant, at the Defendant’s residence located in the 1704 Dong, Seo-gu Incheon Metropolitan City G Building 10,000, by using mobile phone Kakao Kaox messages and text messages, which are an information and communications network in order to defame the victim, thereby impairing the reputation of the victim through an information and communications network.

2. The facts charged in the instant case are crimes 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 will specifically manifested pursuant to Article 70(3) of the same Act. According to the written withdrawal of the written complaint bound in the trial records, it is recognized that the victim has withdrawn his/her intent to punish the defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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