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(영문) 부산지방법원 동부지원 2019.05.23 2019고정26
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a member of the Council of B hotel C heading D, and the victim E is a vice-chairperson of the above Council.

On September 1, 2018, the Defendant, at the Defendant’s house located in Busan Shipping Daegu, posted a statement that “the former and E Council representative, whether it is a member of the Council, or whether it is a member of the Self-Governing Province or not,” on the part of the Defendant’s house, 465 members of the Council, and thereby, damaged the reputation of the victim by pointing out the fact that the victim was a criminal record on 13 occasions from September 2, 2018 to September 2, 2018, as indicated in the list of crimes in the attached list of crimes, and by disclosing the fact that the victim was a criminal record on 13 occasions.

2. Determination

(a) Crimes of non-compliance (Article 70 (3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.);

B. On May 2, 2019, after the prosecution of this case, submission of a written application for non-prosecution to punish the victim.

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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