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(영문) 창원지방법원 마산지원 2013.07.04 2013고정320
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant, who uses a separate name “C” at the Internet used car site B, was not suitable between the victim E using the separate name “D”.

1. The Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) from March 9, 2012 to November 10, 209:30 of the same year, with respect to the case in which the Defendant filed a complaint against the victim by defamation, etc. against the victim on the bulletin board of B site political society from around 09:49 to October 30, 201 of the same year, the Defendant damaged the victim’s reputation by openly exposing the summary indictment report stating that the victim was indicted by defamation, etc. on a fine of KRW 3 million in the Changwon District Court Msan Branch Branch on February 27, 2012, by posting a summary indictment report stating that the victim was indicted by defamation, etc., and posting a photograph that deleted the personal information, etc. as well as by linking the victim’s separate name and real name of the victim, or by exposing the victim’s personal name.

2. 모 욕 피고인은 제1항과 같은 일시경 같은 사이트 게시판에 ‘C’이라는 닉네임으로 피해자의 별명인 ‘D’를 빗대어 “틔기틔기 D, 결혼은 하고 뒤져야제, 여친이 없어서 개가 암컷 , 개새끼 목욕은 잘 시켜 특히 똥꼬”라는 글을 작성 게시하여 공연히 피해자를 모욕하였다.

2. Determination

A. Determination as to defamation 1) Judgment dismissing a victim’s non-guilty punishment (Article 70(3)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) after the prosecution of this case (Article 327 subparag. 6 of the Criminal Procedure Act)

B. 1) As to the insult, a judgment dismissing a complaint subject to prosecution (Article 312(1)2 of the Criminal Act) following the institution of the instant public prosecution (Article 312(1)2 of the Criminal Act) (Article 327 subparag. 5 of the Criminal Procedure Act)

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