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(영문) 인천지방법원 부천지원 2019.10.24 2019고정533
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On December 10, 2018, the Defendant, in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) written a written statement on the “E” in the notice “E” written by C, in spite of the absence of the fact that the victim did not prepare a false article regarding the distance of the film, the Defendant, at a place where the location cannot be known, and on the part of the victim B, written a written statement on the “E” written by C.

Accordingly, the defendant has damaged the reputation of the victim by openly exposing false facts through information and communications networks with a view to slandering the victim.

B. In the same date, time, and place as described in paragraph (1), the Defendant written the comments in C’s D posted, “Bato the diameter of its development,” and “Batory flue flue flue flue flue flue flue B.”

Accordingly, the Defendant publicly insultingd the victim.

2. The crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) is a crime of non-violation of will (Article 70(3) of the same Act), and the offense of insult is a crime subject to prosecution (Article 312(1) of the Criminal Act). According to the records of this case, the victim B expressed on July 24, 2019, which is after the institution of public prosecution, that the victim B voluntarily withdraws a complaint to the court

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

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