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(영문) 광주지방법원 순천지원 2016.10.17 2016고정330
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. On February 15, 2016, the Defendant posted a false fact on the Internet bulletin board of the Jeju-gun Office’s Internet homepage with a complaint that the friendly victim C, at a place where it is unknown on February 15, 2016, had her mother receive medical care in bad faith, and stated that “I are qualified as a regular public official by the two married couple,” “I am dysn’t dysn’t with the bones remaining after the refugee when considering the remaining until the aftermath is confirmed,” and published a false fact on the said bulletin board on February 15, 2016 and February 22, 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 facts charged in the instant case constitute 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 express intent pursuant to Article 70(3) of the same Act. The victim appeared in this court on October 17, 2016 as a witness and expressed his/her intention not to prosecute the Defendant. Thus, this part of the indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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