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(영문) 서울동부지방법원 2020.11.25 2020고정1051
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who broadcasts the channel “C” in the Internet B, and the victim D operates a civic organization called “F” and simultaneously broadcasts the B channel called “F.”

On July 15, 2020, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) expressed the victim’s sexual indecent act as “G” under the title of “G” without any specific confirmation, on the grounds that the victim first expressed the victim’s sexual indecent act in the broadcast, on the grounds that the victim had expressed his or her desire in the broadcast, etc., and broadcasted the victim’s sexual indecent act, “In any case, even if any, he or she is sexual indecent act, he or she is sexually sexual indecent act in the city of Busan, thereby making it clear that he or she would be sexual indecent act.” In addition, the Defendant broadcasted the victim’s reputation by openly pointing out false facts through an information and communications network for the purpose of slandering as stated in the list of crimes Nos. 5 and 6.

B. The Defendant, on July 9, 2020, posted a letter on the C’s bulletin board of the Internet B channel “C,” stating that the assistant officer in charge of the H’s mental line in charge of giving false information on the D’s false information on the H’s name “H,” and openly insulting the victim, as well as insulting the victim from around that time to July 30, 2020, through B broadcasting and community bulletin board, as described in attached Table 1-4 and 7-9.

2. Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 311 of the Criminal Act, Article 70(3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 312(1) of the Criminal Act, which is the date when the victim institutes a prosecution against the judgment, submit a written agreement to the effect that he/she withdraws a complaint against the defendant on November 24, 2020 after the victim institutes a prosecution.

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