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(영문) 서울남부지방법원 2016.03.30 2016고단395
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant charges is a person who uses the clinic called “C” on the Internet website.

No person shall conceal any false information openly through an information and communications network with intent to defame any other person, thereby impairing the reputation of any other person.

Nevertheless, at around January 14, 2015, the Defendant must live with D's old-sacrine on the bulletin board of the upper website at around 13:31, 2015.

'The title of ‘the victim D' puts a false writing on the method of preparing a cartoon with the content that he/she made a false testimony to the prosecution by agreement with the aviation side of the victim D.

Accordingly, the Defendant posted a false fact for the purpose of slandering by using information and communication network, thereby impairing the honor of the victim.

2. The instant case is an offense falling under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and may not be prosecuted against the victim’s will specifically manifested pursuant to Article 70(3) of the same Act.

According to the records, it is recognized that the victim filed a complaint with the intent of not wanting to punish the defendant at this court on October 8, 2015, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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