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(영문) 수원지방법원 2019.01.31 2018고정1127

모욕등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 29, 2017, the Defendant changed the “D, etc.” to “D” at the office of the Defendant in Suwon-si, Suwon-si, Suwon-si, and the fact that the Defendant changed the “D, etc.” to “D”.

On November 29, 2017, even though there was no assault by the Defendant on the A.M., the victim posted a false statement on November 29, 2017 that he/she assaulted the Defendant with the Dong representative, etc. around the A.M. on the bulletin board of the community site of the Internet B apartment occupants, under the title, “is a civil violence against the residents living in the port unit.”

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. A protocol of suspect examination of G police officers;

1. The defendant asserts that he was assaulted against the victim and that he was true and that he did not have the purpose of slandering.

Comprehensively taking account of the evidence in the ruling, F and H considered “B” as “B” by leaving or pushing the Defendant at the office of the council of occupants’ representatives, and the auditor D of the council of occupants’ representatives may recognize the fact that there was no physical contact with the Defendant.

Although F and H could take the way of assault against the Defendant’s subjective point of view, it can be said that there was no physical contact with D, it can be found that it was false that D carried out a title by referring to “A assault against a resident of the present entry room,” and that D jointly committed a joint assault with two different representatives.

In addition, the defendant made a conclusive expression that "D had a joint assault with two representatives," and the defendant made it possible for anyone to view the contents of the expression by entering the community site. G changed from other residents to the same group, thereby making G "the audit of the representative has been required to commit a assault."