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(영문) 인천지방법원 부천지원 2019.05.31 2019고단1033
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of the instant case posted a screen image consisting of the contents of the F dialogue “H” with the victim Nonparty B, who was a personal radar, and the victim refused the victim’s request for the meeting with him, set up a search language “D” on the Internet at a place on the early December 2018, where the victim rejected the victim’s request, and “E” with the title “E” as “E”, the victim sent a video image consisting of “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am am, I am, I am, I am am, I am am, I am, I am, I am, I am, I am am am pregnant, I am am pregnant, I am even after I am am am pregnant, I am am am even I am am son.”

However, there was no fact that the victim was sexual intercourse with the defendant, was pregnant, and there was no fact that such conversation was divided.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts through the information and communication network with the aim of slandering the victim.

2. The judgment below 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's will specifically manifested pursuant to Article 70 (3) of the same Act. According to the written agreement on the preparation of the victim submitted to this court, the victim is found to have expressed his/her wish not to punish the defendant after the institution of the case. Thus, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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