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(영문) 창원지방법원 통영지원 2015.07.17 2015고정192
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. On October 7, 2014, from 7:38 to 7:56 the same day, the Defendant sent text messages from Samsung Heavy Industries Co., Ltd. using a computer located in Samsung Heavy Industries Co., Ltd., Ltd., which was located in the city-si, and sent text messages to “the text messages station,” which is the site of sending text messages, for the purpose of slandering the victim B, to approximately 98 employees belonging to the “on-site Democratic Organization,” a private organization in the Defendant’s workplace, for the purpose of slandering the victim B, the Defendant filed a complaint against the candidate as defamation without confirmation of the facts. On October 6, 2010, the Defendant was investigated by several members of the on-site Democratic Republic of Korea, during which the first one was related to B, and was investigated by the police station. The Defendant only filed a complaint with the conviction without the identification of the first one. In order to prevent the on-line complaint complaint.”

However, the facts revealed, however, that the victim did not file a complaint only with the conviction, but also with the confirmation of a certain degree of fact, and C filed a complaint as defamation against C candidate with the Changwon District Court on November 18, 2014. The Defendant requested a summary order with the Changwon District Court on November 18, 2014, and the Defendant sent the above words without confirmation of facts by believing only the complaint prepared by C.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

2. Determination

(a) Applicable provisions of Acts: Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.;

(b) Crimes of non-compliance with will: Article 3 (3) of the same Act;

(c) Declaration of non-existence of punishment: The withdrawal of a complaint filed on June 29, 2015, which was subsequent to the institution of public prosecution of this case;

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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