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The prosecution of this case is dismissed.
Reasons
1. No person prosecuted shall defame any third person by divulging a false fact openly through an information and communications network with intent to defame the person;
Nevertheless, around April 13, 2016, the Defendant posted a false statement on the column of the employment center site (www.hr.go.kr) at the Defendant’s house located in Suwon-si, Suwon-si, stating that “A person has no personal expertise or personality knowledge with the qualification of the E Institute D Special Use Technician of Private Teaching Institutes.” On the other hand, the Defendant is likely to suffer more criminal disadvantage if he/she takes a course any more than after reporting to the police officer on March 04, 2016 after undergoing the on-site business trip after reporting it to the police officer, and after going through the on-site business trip investigation, he/she waivered the course on March 04, 2016.”
Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.
2. The judgment is a crime 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 will specifically manifested pursuant to Article 70(3) of the same Act. According to the records, it is recognized that the victim expressed his/her intent not to punish the defendant on November 3, 2016, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.