The defendant shall be innocent.

1. The summary of the facts charged in the instant case: (a) from July 25, 2016 to July 25, 2016, the victim C operated the Internet clothes shopping in the name of “D”, and (b) the Defendant purchased the clothing from “D” around July 19, 2017.

After being delivered with the order clothing, the Defendant requested the victim to exchange clothes on or around the 24th of the same month, and between August 1, 2017 and April 4 of the same month, “the exchanged goods are delivered at any time” to the victim three times.

The Kakao Stockholm message sent to the effect that “......”

On August 4, 2017, at around 11:28, the victim sought to transmit to E a Kakao Kakao Stockholm message sent and sent to E, “I am fry fry fry, I amfy, I amfy, I amfy, I amfy,” but sent it to the Defendant by hand.

피고인은 2017. 8. 4. 21:00 경 불 상의 장소에서 인스타 그램에 피고인의 계정 (F )으로 접속하여, 피해자가 피고인에게 “ 미친년이 존나 닦달해” 라는 메시지를 전송한 내용이 포함된 카카오 톡 메시지 캡 처 화면과 함께 “2 주나 배송 없던 상품 3번 문의했다가 뒤에서 고객 욕하는 D ㅋㅋㅋㅋㅋㅋㅋㅋㅋ # 술이나 마셔야 겠다.” 라는 글을 게시하였다.

Accordingly, the defendant has damaged the reputation of the victim by openly duplicating facts through information and communication networks with a view to slandering the victim.

2. “Purpose of slandering a person” as prescribed by Article 70(1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. means the need for the intent or purpose of assaulting a person. The issue of whether a person’s purpose is to defame a person ought to be determined by considering all the circumstances pertaining to the expression itself, including the content and nature of the relevant statement, the scope of the other party to whom the relevant fact was published, and the method of expression, and by comparing and considering the degree of infringement of honor that may be damaged or damaged by the expression