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(영문) 창원지방법원마산지원 2020.08.13 2020고정223
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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The prosecution of this case is dismissed.

Reasons

1. On July 12, 2019, from around July 16, 2019 to July 16, 2019, the victim B published a written summary order of KRW 2,00,00 as a crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) in the Changwon District Court Branch Branch of Changwon District on November 5, 2019, where more than 110 members of the C Housing Redevelopment Project Group’s “C Housing Redevelopment Project Group” are participating, referring to the Defendant on the Kakao Kao Kao Stockholm District Library page in which 110 members of the C Housing Redevelopment Project Group participate.

Accordingly, on July 24, 2019, the Defendant refers to the victim on the Kakao Stockholm group or room using a mobile phone around 21:49, and refers to “BNn Hawn Hawn.”

1. Sexual Indecent conduct;

2. Defamation;

3. The use of violence;

4. Mobile phone theft, and

5. Criminal Offenders, and

6. Cash clearing, defamation, or damage;

7. The name of the crime of spreading false facts was accused to the prosecution.

“The letter was posted.”

Accordingly, the defendant, for the purpose of slandering, damaged the reputation of the victim by divulging facts openly through the information and communication network.

2. The facts charged in the instant case are crimes falling under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and cannot be prosecuted against the victim’s explicit intent pursuant to Article 70(3) of the same Act.

However, according to the written withdrawal of a complaint submitted on June 26, 2020, which was after the prosecution, the victim expressed his/her intention not to want the punishment of the defendant.

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

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