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(영문) 인천지방법원 2018.09.14 2018고정966

모욕

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around December 4, 2016, the Defendant: (a) around December 4, 2016, on the F bulletin board of the Victim D (E) located in the Nam-gu Incheon Metropolitan City, Seoul (E) “Ger E is a human garbage.”

“Publicly insulting the victim by posting the word “”.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Evidential evidence (i.e., capturing comments on comments) (The content of the text posted by the Defendant is that the victim hearss the reputation of “human garbage” from Giss, which constitutes a statement of specific facts, and is sufficient expression to lower the victim’s social assessment.

In addition, the Defendant asserts to the effect that this Court and the investigative agency would want to inform the victim of the substance of the victim, and thus, the Defendant perceived that the content of this case is harming the victim’s reputation in light of the purpose written by the Defendant, the negative image, etc. that the expression “human garbage,” i.e., the expression “human garbage,” is a negative image, etc.

[Judgment of the court below]

Application of Statutes

1. Article 307 (1) of the Criminal Act applicable to the relevant criminal facts and Article 307 (1) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant, in the instant notice, filed a complaint by defamation from G on May 25, 2017; and (b) the Defendant was subject to disposition of non-prosecution on May 25, 2017; (c) the victim filed a complaint on October 31, 2017, thereby committing a new investigation and prosecution for the same act; (d) from the legal perspective, the victim is a separate case depending on whom he/she would be a victim; (e) however, it is unreasonable for the public to have a sense that he/she would be subject to investigation after being investigated for the same act from the perspective of ordinary people.

The time when a second complaint was filed by the victim is almost one year from the time when the defendant written the notice of this case (the previous charge was previously charged).