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(영문) 의정부지방법원 2015.03.16 2014고정2753
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

On June 2014, the Defendant: (a) at the D office located near the C Station located in Jung-gu Seoul, Jung-gu, Seoul; (b) despite the fact that the Chairperson F of the E-Trade Union, the victim, embezzled the union funds to Vietnam; (c) the Defendant, using mobile phones, did not have any fact that approximately 20 to 30 members of the E-Trade Union would be set up. The Chairperson, the Chairperson, and some executive officers, who want to die at the time of the strike, wanting to kill the union funds; and (d) did it difficult to see the fact that some of the members, the head of the E-Trade-gu, the head of the E-Trade Union, and some of the executives, who want to kill the union funds at the expense of the Association.” (c) “At the time of the strike, the Chairperson would want to kill the union funds up to the end, and (d) would also be able to obtain new evidence, not the head of the E-U.S. headquarters and the head of the E-U.S., telecommunication.....

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.

However, this case is a crime falling under Article 70(2) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc., which cannot be prosecuted against the victim's explicit intent under Article 70(3) of the same Act. Since the victim withdraws his/her wish to punish the defendant after the institution of the instant case, the prosecution is dismissed under Article 327

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