beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. The photographs posted by the Defendant on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution) are obscene materials sufficient to cause the general public to feel sexual humiliation and sense of shame.
B. The photographs posted by the Defendant on the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) were intentionally emphasized that the other female crew members were C, and the female crew members of C were sexually disturbed. As such, C’s honor was damaged.
2. Determination
A. The court below acquitted the defendant of this part of the charges on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution) on the ground that even though the photographs posted by the defendant are true that the contents of the pictures are considerably indecent and disturbed in view of the overall observation and evaluation, it cannot be deemed that they were sexually expressed or expressed in an explicit manner to the extent that they could have seriously damaged or distorted human dignity and value as the subject of regulation under criminal law. The judgment of the court below is justified in light of the records and reasoning of the judgment below.
B. As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), the lower court acquitted the Defendant on this part of the facts charged on the ground that one of the female crew members stated the reasons in detail, and it did not reach the degree of impact on the existing social evaluation of each individual, on the ground that the fact that one of the female crew members was free and imprisoned in his private life was revealed, and this part of the facts charged was not guilty.
3...