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(영문) 인천지방법원 부천지원 2018.05.18 2018고정210
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant was aware of the victim and D members.

A. On July 19, 2017, the Defendant had access from Kimpo-si, Kimpo-si to DKakakao Stockholm to DKakao Stockholm, and had access to the complainants, and had been able to say that it was too difficult for the Defendant to receive money when he was able to return the money.

D In order to inform the thickness of other booms which was difficult at the time of receiving a return to grant cash, and to ensure that there was no appraisal.

D I will become a member to do so.

“The article posted the content of this case.”

Accordingly, the defendant damaged the reputation of the victim by openly expressing facts through information and communications networks.

나. 모욕 피고인은 2017. 7. 19. 경 피해자 및 D 회원들이 참여하고 있는 카카오 톡 단체 채팅 방에 닉네임 'A '으로 접속하여 피해자를 지칭하여 " 이 개보다도 못한 쌕 기랑 한패 롸 시지요" 라는 내용의 글을 게시함으로써, 공연히 피해자를 모욕하였다.

2. In light of the judgment, defamation is a crime falling under Article 70(1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc., which cannot be punished against the victim’s will pursuant to Article 70(3) of the same Act. The insult is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the self-agreement and the written application for non-prosecution of punishment on May 9, 2018, the victim does not wish to punish the defendant after the prosecution is instituted. Thus, each of the prosecution of this case is dismissed pursuant to Article 327(5) and 6 of the Criminal Procedure Act.

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