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(영문) 의정부지방법원 2015.05.11 2014고정1417
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

On October 4, 2013, around 23:24, the Defendant: (a) connected the Defendant’s office located in the Defendant’s office located in the Gyeonggi-do Government C, 104 Do 905 to Add'E; and (b) sent the Defendant’s Internet page member “F” with respect to “F” and I pharmacy operated by the Victim G and the Victim H, but it seems that it would be helpful for the Defendant to know with a thickness, but at the latest time, it appears to be problematic. In light of the knowledge, the Defendant’s male of the pharmacy will engage in a fake, and will be able to have an adverse effect on DKapets members. If it is necessary, I will post a notice later.”

From around that time to October 14, 2013, the Defendant revealed publicly false facts through an information and communications network for the purpose of slandering victims nine times in total, including four times in the Internet page, one time in the Internet bulletin board, and four times in the Internet bulletin board comments, as shown in the attached list of crimes.

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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