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(영문) 수원지방법원 2015.04.23 2014고단6878
명예훼손등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On June 18, 2014, the Defendant, who was aware of the Victim C’s mobile phone purchase consultation, etc. at the agency of “D”, working for the victim C at the time of harmony, and then got aware of the victim’s sexual intercourse with the victim at the victim’s home. However, even though the victim’s sexual intercourses with the victim, I would like to hear the victim’s speech that “the contact with the victim would be made because there is a female-friendly organ,” but on June 22, 2014, I found the above “D” sales store around 4-5 employees, including E and F, thereby impairing the victim’s reputation by openly pointing out false facts.

나. 정보통신망이용촉진및정보보호등에관한법률위반(명예훼손) 피고인은 2014. 6. 23. 01:30경 피고인이 사용하는 카카오스토리 계정에 피해자가 침대에 누워 있는 사진, 피해자의 운전면허증 사진과 함께 “여친도 잇음서 아무데서나 벌렁벌렁 쳐 자눈거 아냐아녀ㅋㅋㅋㅋ”, “빙구야ㅋㅋㅋㅋㅋㅋㅋ 나잇갑좀해ㅗㅗ”라는 내용의 글을 게시함으로써 정보통신망을 통하여 공공연하게 사실을 드러내어 피해자의 명예를 훼손하였다.

2. Determination Dogl, No. 1-A

The facts charged as stated in paragraph (2) are the crimes falling under Article 307 (2) of the Criminal Act, which cannot be prosecuted against the victim's express will under Article 312 (2) of the Criminal Act, and Article 1-b.

The facts charged in the port are crimes falling under Article 70 (1) 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. Since the victim withdraws his/her wish to punish the defendant on March 12, 2015, which was after the prosecution of this case was instituted, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act

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