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The prosecution of this case is dismissed.
Reasons
1. At around 18:42 on February 26, 2015, the Defendant posted a statement on the Defendant’s residence in Seowon-gu B apartment 506 dong 1101, Seo-gu, Cheongju-si, Cheongju-si, on the Defendant’s bulletin, “Influor-gu Mag-gu” written by the victim D, “Influor-gu Mag-gu Mag-gu Mag,” and “Influor-do” written by the victim D, despite the fact that the victim had been sexually imprisoned, the Defendant expressed a statement to the effect that “This fluor may be sexually raped, but the fluor shall also be sexually known.”
Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through information and communication network with a view to slandering the person.
2. We examine the judgment. 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., which cannot be prosecuted against the victim’s express intent pursuant to Article 70(3) of the same Act. According to the written withdrawal of the complaint filed on September 9, 2015 in this court, D can be recognized as the fact that D withdraws his/her wish to punish the Defendant after the instant indictment was instituted. Thus, the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.