logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.04.24 2017고정2294
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant charges is the representatives of government branches of C&C’s trade union, and the victim D is the chairperson of the said trade union.

On March 20, 2017, the Defendant: (a) used his/her mobile phone at the F parking lot located in Jung-si on March 20, 2017; and (b) began to have been detained as “G’s Roster Roster” in which 62 representatives of trade unions are subscribed to by using his/her mobile phone; (c) in relation to the desired retirement based on the performance margin that C Company is proceeding at the time, the Defendant began to have “the Chairperson (victim) received one billion won in return for implied and unfoundedly, and he/she was arrested.”

“.......”

However, there was no possibility that the victim received 1 billion won from C Co., Ltd. and did not impliedly approve the desired retirement based on the actual truth.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

2. Determination is an offense falling under Article 70(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 70(3) of the same Act.

On March 15, 2018, after the prosecution of this case, the victim expressed his wish not to punish the defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow