1. 정보통신망이용촉진및정보보호등에관한법률(명예훼손) 피고인은 2018. 2. 3.경 경남 양산시 B 소재 피고인의 주거지에서, SNS인 ‘C’에 피해자 D의 실명, 사진 및 피해자가 아닌 여성의 나체사진과 함께 ‘경남 잘돌아다닌다고 하니깐 ㅎㅎ 본명 D, 제일좋아하는건 갱뱅 돌립빵이랍니다^^’라는 내용의 허위사실이 기재된 글을 게시하였다.

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. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall display obscene images openly through information and communications networks;

Nevertheless, the Defendant posted a women’s photograph, when and at the time and place specified in Paragraph 1, the chest and a negative body revealed to SNS “C”.

Accordingly, the Defendant displayed obscene images openly.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D (including data submitted by a victim attached thereto);

1. Investigation report (Submission of additional evidence by a victim);

1. Application of Acts and subordinate statutes to data submitted by the accused (Evidence No. 84 through 105 pages of evidence);

1. Articles 70 (2), 74 (1) 2, and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense [each choice of imprisonment];

1. Among concurrent offenders, there is no special criminal record of the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act, and the defendant is divided after committing the crime. However, in order to receive obscene materials through the instant C, the disclosure of the real name and photograph of the victimized women to the real name and photograph of the victimized women as stated in the judgment, and the disclosure of the false facts is very difficult to commit the crime, and the damage suffered by the victimized women is deemed to be considerable to the mental impulse, but it is not agreed to do so.