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(영문) 울산지방법원 2014.05.30 2014고정363
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that at around 09:20 on March 8, 2013, the Defendant: (a) using the Defendant’s smartphone “Kakaox” display method in the “D” office located in Ulsan-gu, Ulsan-gu, U.S., U.S., the Defendant used the Defendant’s smartphone “Akaox” display the victim F, the chairman of the residents’ representative council of Ulsan-gu, U.S. E apartment, “on the present low-income apartment, there are several things in North Korea; (b) the election commission is dismantled twice; (c) the other people are dismissed; (d) the election commission independently announced at around 18:0 on the seventh day of the present president to prevent the horse from going out; and (d) the voting is held from 8:00 to 8:00,000, the Defendant prepared a letter stating that “The residents of the above apartment, G, H, and transmitted it to the Defendant.”

However, in fact, the above apartment election commission did not dismiss the victim, and it was not decided by the independent decision of the apartment election commission in order to prevent the victim from leaving the election to I who is a candidate other than the victim.

Accordingly, the defendant has damaged the reputation of the victim by revealing openly false facts through information and communication network with a view to slandering the victim.

2. The facts charged of the instant case are crimes falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 70(3) of the same Act. Since the victim F expressed his/her intent not to be punished against the Defendant in this court after the instant indictment, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act

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