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(영문) 수원지방법원 2020.02.11 2019고단8387
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who was the occupant representative of Suwon-gu B apartment in Suwon-gu from around 2010 to April 2018, and the victim C, the victim D, and the victim E are the overall duties of the council of occupants' representatives.

At around 14:00 on July 16, 2019, the Defendant: (a) filed a complaint against the victims in the instant B Apartment F’s residence; (b) the Suwon District Prosecutors’ Office issued a summary indictment; (c) together with a photographic file stating the victims’ name in the notice of the result of the disposition of the accusation and accusation; and (d) the Defendant sent false information during the past three months, to the 100,000 won per day and received 10,000,000 won per day from the construction site to the 14:0 on July 16, 2019, the Defendant stated that the former Chairperson of the Self-Governing Provincial Office, who entered in the Twit F’s personal information, received false information during the past eight months, and instead received such false information from the e.g., the e., the e., the e., a mobile phone text message from the e.g., the e., the e., the e., the e., the 3 mobile text messages.

Accordingly, the defendant had disclosed facts openly through the information and communication network for the purpose of slandering the reputation of victims.

2. The facts charged in the instant case are those 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 will specifically manifested pursuant to Article 70(3) of the same Act.

However, according to the records, it is recognized that the victims submitted a letter of withdrawal of complaint or an agreement stating their intent not to punish the defendant on December 4, 2019, which was after the prosecution of this case. Thus, Article 327 subparagraph 6 of the Criminal Procedure Act is applicable.

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