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(영문) 인천지방법원 부천지원 2019.10.18 2019고정693
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case does not have certain occupation.

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

At around 03:29 on January 15, 2019, the Defendant posted a notice stating false facts about the victim 20 times in total from around 03:29 up to May 8, 2019, by accessing the Defendant’s Internet social network service (hereinafter “Negggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg

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 victim.

2. We examine the judgment. The case is a crime falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which cannot be punished against the victim against his/her will pursuant to Article 70(3) of the same Act. According to the written withdrawal of the victim's complaint dated September 10, 2019, the victim did not wish to punish the defendant after the prosecution was instituted, and the prosecution of this case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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