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(영문) 광주지방법원 2017.12.01 2017고정1645
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. On August 30, 2016, at the Defendant’s house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, and 1305, the summary of the facts charged is that the Defendant complained of sexual illness C (27) due to the victim’s disease at the Defendant’s house (27) and D, and E, “In short, the Defendant had contact with dial-a-a-the-job partnership with multiple partnerships during the low-fabsing type of sexual disease, and was also recognized.

저랑 사귈 때 저 새끼가 언니랑 친하다고 얘기 많이 해서 그 새끼 더러운 걸레니 까 가까이 지내지 말라고

Telecommunication need to be opened.

(b) Written summarys, one of the two is the movement of a sexual disease.

지가 괜히 섹 파 많은 거 들킬까 봐. ( 중략) 저 오빠가 저랑 사귀는 도중에 섹스 파트너 몇 명씩 두고 여름방학에 저 유럽 가 있는 동안 여자친구랑 헤어졌다면서 집에 여자들 불러서 즐기고 그랬대요.

D. C. E.S. E.S. § 354(b)(c).

Because of the mardo, treatment is given to the enemy who suffered from a sexual disease before the times. (b) If the mar's own disease is known, the female marbling and traveling into the sea, and the female mar's female mar is suffering from a sexual disease that is inside HIV, and the female marb is now going to the mental hospital.

The message sent a Facebook stating the fact.

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

2. Determination of the facts charged is a crime falling under Article 70(1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 70(3) of the same Act. It is recognized that C explicitly expressed the victim’s intent not to punish the Defendant on November 30, 2017, which is after the prosecution of this case.

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

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