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(영문) 부산지방법원 서부지원 2018.05.02 2018고단23
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged in the instant case. The Defendant sent C a text of the instant case to the person (one person: C) whose name is unknown at a place where his/her name is unknown, on October 3, 2017, using text messages, and describing C as if he/she were the victim’s Internet page pictures, the victim’s photograph, and the clothes-to-face pictures of a woman with no identification, and the clothes-to-face pictures of a woman with no identification, and the victim’s body pictures, “I can easily see dially, even if they are connected with the 20 larges,” so that C may display a photograph and phrases sent by the Defendant on the Internet page E group bulletin.

The fact was that the photograph of the kn's clothes was not the victim's photograph, and the content of the posted phrase was also false.

Accordingly, the Defendant conspired with C, thereby impairing the honor of the victim by disclosing false information openly through the information and communication network for the purpose of slandering the victim.

B. On October 3, 2017, the Defendant up to 2018 Godan 416, published a statement on “the victim’s Internet Patna’s leakage to the victim’s North Korea account at a place where the victim’s location is unknown, thereby openly insulting the victim.”

2. We examine the judgment. Of the facts charged in the instant case, the violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) against the victim D is a crime falling under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., which cannot be prosecuted against the victim’s will specifically manifested under Article 70(3) of the same Act. The victim F’s insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon complaint under Article 312(1) of the Criminal Act. According to the records, each of the victims submitted “written withdrawal of complaint” to the effect that the victim would not want punishment against the defendant after instituting the instant prosecution.

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