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(영문) 서울북부지방법원 2018.06.20 2018고정835
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a staff member of the D Camp, and the victim E is a reporter belonging to the F Press Sports Team.

A. On November 15, 2017, the Defendant breached the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) destroyed the victim’s reputation by publicly expressing the false fact that “E once, once, is likely to be able to see from the 20 million won roll slock in return for covering the wom Slick Slick with approximately 35 Defendant’s university East Asia group hosting rooms,” for the purpose of slandering the Defendant’s university.

B. On November 15, 2017, around 16:39, the Defendant publicly insultd the victim into a Kakao Stockholm room, such as the foregoing 1.3.

2. In light of the judgment, the charge of violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation) among the facts charged in the instant case is an offense falling under Article 70(2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc., and cannot be prosecuted against the victim’s will specifically manifested under Article 70(3) of the same Act. The insult is an offense falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act.

In this regard, the victim voluntarily agreed with the defendant after the prosecution of this case was instituted and withdrawn his wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 and subparagraph 6 of the Criminal Procedure Act.

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