The prosecution of this case is dismissed.

1. The abstract of the facts charged in this case shall not defame any third person by divulging false information openly through an information and communications network with intent to defame the person;

Nevertheless, around December 26, 2012 and around January 2, 2013, the Defendant posted the victim C’s photograph to the Facebook 201 of the building located Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, on two occasions, and damaged the victim’s reputation by openly pointing out false information as “the victim is the same-sex.”

2. The facts charged in the instant case are those 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.

However, according to the written agreement bound in the trial records, the victim C expressed his/her intention not to be punished against the defendant on April 19, 2013, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.