1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscenity) shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, text, sound, image, or picture through an information and communications network;

On September 2016, the Defendant sent four copies of the victim D (the age of 25) photographs to the Defendant’s residence located in the New York of the United States of America via Messen, and distributed four copies of the above pictures to the Defendant’s non-name-based branch, and then posted them to G in a public manner.

2. 정보통신망이용 촉진 및 정보보호 등에 관한 법률위반( 명예훼손) 피고인은 2016. 12. 3. 06:51 경 위 주거지에서 휴대폰으로 F에 접속하여 위 피해자에 대해 ‘30 대 부산 남자선수 킬러 you make me sick btch 걸레는 빨아도 걸레야.’ 라는 취지의 글을 게시하는 등 피해자를 비방할 목적으로 정보통신망을 통하여 공공연하게 거짓의 사실을 드러 내 어 피해자의 명예를 훼손하였다.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes concerning closure closures submitted by the complainant;

1. Relevant Article of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of the Utilization of Information and Communications Network and Protection, etc., Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and Selection of imprisonment, respectively;

1. The defendant's crime of aggravated concurrent crimes is committed on the grounds of sentencing as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the punishment imposed on a violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) with heavier punishment] while maintaining a relationship with the victim through online media, etc.