The prosecution of this case is dismissed.

Summary of Facts charged

1. He/she shall not defame any third person by divulging facts openly through information and communications networks with intent to defame a person in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information;

On September 25, 2014, the Defendant, at the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon, destroyed the honor of the victim by transmitting text messages to the police station “C” (hereinafter “H”)’s state of accusation against the Defendant’s wife D, E, F, and G mobile phone (hereinafter “C”) and destroying the reputation of the victim by openly revealing the fact by sending text messages to the public.

2. 협박 피고인은 2014. 9. 26. 12:35경 제1항 기재 장소에서, 피해자 C의 휴대전화에 ‘이유를 모르니까. 그런거야. 잘못한걸 봐주니까 이유를 모르는거야. 이제 시작이야 잘못한걸 반설할줄 모르면 더큰벌줘야지’, ‘어제 채취받으러 내앞에서 뒤진다더니 또 그새끼 만났냐. 넌 내가 평생 괴롭힐꺼야 또 한번더 I 얘기하며 H에 가서 깽판친다’라는 문자를 전송하여 피해자의 신체에 어떠한 위해를 가할 듯한 태도를 보여 피해자를 협박하였다.

Judgment

The above facts charged fall under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 283(1) of the Criminal Act, and Article 70(3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 283(3) of the Criminal Act.

On January 8, 2015, after the prosecution of this case, the victim expressed that he does not want criminal punishment against the defendant.

Therefore, the above facts charged constitute a case where there is an expression of intent not to punish a case which cannot be prosecuted against the victim’s explicit intent, and thus, the prosecution is instituted in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.