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(영문) 수원지방법원 2015.03.19 2014고정2831
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. No person shall defame another person by openly pointing out false facts through information and communications networks with intent to defame a person of the facts charged;

Nevertheless, on December 16, 2013, the Defendant sent a false text message to F (G) who is the spouse of the victim of the divorce lawsuit at the Giman-si Suwon-si Cr. on the following grounds: (i) on the ground that the victim D (the age of 39) who is the spouse of the victim does not reach the judgment in total as intended; (ii) on the ground that the judgment does not take place, the Defendant used the mobile phone text message to “I throw away the wind of the victim and going back before two months; (iii) on the part of the victim, I will not have the right to take the phone text message; and (iv) on the part of December 16, 2013, the Defendant damaged the reputation of the victim by sending the false text message to F (G) who is the spouse of the victim for the foregoing reasons, and (iii) on the part of the victim on the mobile phone text message at the above location, and (v) on the part of the victim, I would know that I will not know the victim’s reputation of the text message.

2. The facts charged in 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.

The record reveals that on February 27, 2015, after the institution of the instant prosecution, the victim submitted a written withdrawal of complaint to the effect that he/she would not want to be punished against the Defendant to this court. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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