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(영문) 대구지방법원 경주지원 2021.01.27 2020고정229
모욕등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. The Defendant, from around 12:09 on February 14, 2019 to 12:32 on the same day, was recruited by inviting people to hold a meeting of the victim E, who had access to the Defendant’s name Kakakao Stockholm account to “C” in the name of the Defendant, and had access to the Defendant’s name Kakao Kakao Stockholm, and was not good for a usual evaluation in the D’s group hosting.

E Division Ma Ma Ma Ma Ma Ma Ma.

J.S. L.S.C.

E is an excessive abandonment, dog, dog, etc.

L. G L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L

G posted a notice stating "I go beyond E".

Accordingly, the defendant insultd the victims openly.

B. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) (Defamation) on February 26, 2019, at the Defendant’s residence indicated in paragraph (1) around 12:04, the Defendant connected the Defendant’s name to the Kakao Stockholm account, and then, was not able to make a usual appraisal of D’s group hostings, for the victim E who was not good for e-mail.

Now, the G posted the content that “the damage resulting from the damage that was caused by the damage that was caused by the damage that was caused by the damage that was caused by the damage that was caused by the damage that was caused by the damage that was caused by the damage that was caused by the damage that was caused by the damage.”

Accordingly, the defendant has damaged the honor of the victims by openly pointing out facts through the information and communications network for the purpose of slandering the victims.

2. Determination

(a) Offenses subject to prosecution on complaint and crimes not punishable against one’s will): Crimes subject to prosecution on complaint: Article 312(1)2 of the Criminal Act; Article 70(3) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc.;

(b) Declaration of intention to cancel a complaint: The victims' non-written application for punishment on December 28, 2020

(c) Judgment dismissing a public prosecution: Article 327 subparag. 5 and 6 of the Criminal Procedure Act;

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