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(영문) 청주지방법원 충주지원 2019.03.26 2019고단67
모욕등
Text

The prosecution of this case is dismissed.

Reasons

1. Defendant A and Defendant B, the complainant, are the residents of the apartment C, and the Defendant is the temporary occupants' representatives of apartment houses, and the complainants are related to the apartment emergency countermeasure committee.

Defendant

A

A. On September 24, 2018, the Defendant demand that the complainant be subject to an apology against the fact that, at the entrance of the Da apartment management office in Chungcheongnam-si, the complainant would be deemed to be a sponsor in writing on the apartment website, at the time of Chungcheong City C apartment management office’s writing that the complainant would be deemed to be a sponsor.

Each other becomes a vision.

While the Defendant was in dispute with the complainant, the complainant publicly insulting the complainant in front of the apartment residents, such as the defect, “Isbebebe,” and the defect about to complete the horses, “Isbe, Isbe, Is yous yous yous yous yous yous yous yous yous yous yous,” and “Is yous yous yous yous yous yous yous.”

B. On September 17 to 18, 2018, after the case of the former Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (defensing the victim’s face on the bulletin board, the Defendant accessed the victim’s cell phone with his/her own mobile phone, and drafted two times the phrase “a person who spits or spits the victim’s face in another person on the front of his/her opinion.”

Accordingly, with the aim of slandering, the Defendant revealed facts openly through the information and communication network, thereby impairing the reputation of the complainant.

2. Determination

(a) A crime subject to prosecution subject to prosecution: Article 311 and Article 312(1)2 of the Criminal Act (see Articles 31 and 312(2) of the Criminal Act). On January 10, 2019, after the institution of public prosecution in this case, a judgment dismissing public prosecution on January 3, 2019: Article

B. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) 1: Article 70(1) and (3)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.).

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