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(영문) 광주지방법원 2015.07.16 2015고단898
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who uses Adidi “C” or Addiene “D” at the Internet portal site server.

Despite the fact open to the public and false facts revealed through an information and communications network for the purpose of slandering a person, the Defendant, around January 14, 2015, posted a photograph stampedd by the victim F (57 years of age) along with the victim’s children on the Internet bulletin board, and posted the photographed by the victim’s children, and the victim’s children are the perpetrator of the sexual assault case, and as the victim was a person who threatened the victims of the sexual assault case, “the parent of the perpetrator who threatened the victim, the parent of the perpetrator who threatened him/her, and his/her son in this face, who was the head of the right to be forgotten, and this son was the victim’s female students before the police station.”

In fact, however, the victims of sexual assault case were not related to the above sexual assault case, and the victims did not threatened victims of sexual assault case.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through information and communication network with a view to slandering the person.

2. The judgment below is the case falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the facts charged cannot be prosecuted against the victim’s express intent pursuant to Article 70(3) of the same Act. According to the agreement submitted on June 1, 2015 and the report of investigation submitted on June 11, 2015, the victim can be acknowledged the facts that the victim expressed his/her intention not to punish the defendant after the institution of the instant prosecution. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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