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(영문) 전주지방법원 2018.01.12 2017고정395

모욕

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the NAP PP, among the Internet web site, who works as the clinic of “D” on the “C bulletin board,” and the victim E is the NA PP, who works as the clinic of “F” and “G” on the said bulletin board.

The Defendant posted a malicious writing, such as “H (I),” “h (h) dump dump and dumping so that it can be dumped to the anti-competing,” on the bulletin board at ordinary times, with frequent time with NAPs, such as being accused of the complaint.

During that period, the Defendant posted the victim on April 24, 2016 “The Defendant is seriously interested in the military service.”

3. A statement to the effect that “the soldier was discharged from military service as of 31.3,” was a fluence to the purport that “the soldier was “the soldier’s disease,” and it became the victim and the victim.

On April 24, 2016, at a place where it is difficult to know the unknown location of the non-fash, the Defendant publicly insultingd the victim by openly citing the title “G (the victim’s name) on the bulletin board “G (the victim’s name) to bring a lawsuit against fash and fab. L. h. h. h. h. h. h., also h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h

The Defendant posted a letter related to the victim, such as the list of crimes in the attached Form, at least three times in total on the same day, thereby openly insulting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Complaint;

1. A copy of each DNA post on personnel affairs;

1. Report of investigation (specific suspect);

1. Application of the Acts and subordinate statutes requesting for provision of communications data;

1. Article 311 of the Criminal Act concerning the facts constituting an offense (the point of insult and the selection of a fine);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The defendant and his defense counsel's assertion.