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(영문) 수원지방법원 안산지원 2021.03.30 2020고정1192
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in activities in the Dpanty pande of AB, i.e., “B”, and the victim E (hereinafter referred to as “B”) is an operator of C’s official pande club website (hereinafter referred to as “public home”).

around 2016, the Defendant raised suspicion that the operational progress on the official website, including the victim, partially deducted the right to attend the “F” of the arts program 2016, and was not good between the victim and the victim for reasons such as the prohibition of activities, etc., on the black list of the official website, which was registered on February 15, 2020, by members of 13,500, and opened to the public on the said Dpan Caf, which was deposited on February 15, 2020, and collected the official website operating expenses in the name of the victim, and used it unlawfully.

The statement also included a false statement, “The disclosure of their accounting books to the public.”

However, the victim did not receive the operating expenses of the official website from the victim's account, and the defendant was also aware of the fact.

Accordingly, with the aim of slandering people, the Defendant posted a false fact openly through the information and communication network, thereby impairing the honor of the victim.

2. Determination:

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

(b) Crimes of non-violation of intention: Article 70 (3) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.;

C. On March 30, 2021, the victim following the institution of public prosecution, on March 30, 2021, and expressed his intention not to punish.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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