A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal power] On December 26, 2013, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) at the port branch of the Daegu District Court, and the execution of the sentence was terminated on August 22, 2016. On July 25, 2018, the same court was sentenced to three years of imprisonment for special injury, etc. and the judgment became final and conclusive on August 22, 2018.

【Criminal Facts】

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

가. 피고인은 2017. 7.중순경 포항시 남구 B에 있는 피고인의 집에서, 사실은 피해자 C이 노래방 도우미로 2차를 간 사실이 없음에도 휴대전화로 피고인의 D 프로필 배경 화면에 “C 때머(때문에) 징역갑니다. 기억하세요. 정보통신법위반이고 C은 무고죄, 노래방도우미 이차 간 것까지 다 밝힙니다.”라는 허위의 글을 작성하고 게시하는 등 피해자를 비방할 목적으로 허위의 사실을 적시하여 피해자의 명예를 훼손하였다.

B. At around 05:00 on August 3, 2017, the Defendant: (a) accessed E using a mobile phone to access the places indicated in the foregoing paragraph (a); (b) written and posted a written letter stating “Ise club report while reporting her club; (c) The Defendant sent the name of the victim, stating facts with the intention of slandering the victim.”

2. Even if the body of another person, which is likely to cause sexual humiliation or sense of shame at the time of photographing another person’s body by using mechanical devices having similar functions such as camera, etc. against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, shall not be distributed, sold, leased, provided, or openly displayed or screened against the intent of the person subject to photographing, even though the photograph was taken, the Defendant shall not distribute, sell, lease, provide, or openly exhibit or screen photographs against the latter’s will at the time of photographing the latter person’s body, as described in paragraph (b) above.