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(영문) 서울서부지방법원 2018.07.06 2018고정42
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a certified broker who runs real estate brokerage business under the name of “C”.

A person should not depict the reputation of others by disclosing false facts through an information and communications network for the purpose of slandering a person, but on August 31, 2017, using smartphones owned by the defendant in the Eunpyeong-gu Seoul Metropolitan Government D located in Eunpyeong-gu, Seoul on August 31, 2017, “F Real Estate President NNNNNnn's age by gathering letters and things on a f real estate with a f real estate face to the lower age of the president of the real estate and by making a customer leave by himself.

최소한 기본 예절은 지킵시다.

For more than 10 years, the honor of the victim was damaged by referring to the victim G, stating false facts.

2. The facts charged of this case are crimes falling under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., which cannot be prosecuted against the will specifically manifested by the injured person (Article 70(3) of the same Act). The records acknowledged that the injured person expressed a specific intent not to punish the accused after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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