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(영문) 제주지방법원 2016.10.28 2016고정570

모욕

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On the ground that the Defendant, as a lessee of the building owned by the Victim B (B) and the lessee of the building owned by the 55-year-old, made the lessee, by demanding the lessee to pay a monthly rent before others:

1. Around February 28, 2016, at one’s home located in Jeju-si, access to the Facebook, an Internet site, and openly insult the victim by referring to the victim “Isin the face of Mag-Is, Mag-Is, Mag-Is, Mag-Is, Mag-Is-Is-Is-Is-Is-Is-Is-Is

2. 2016. 2. 29.경 제1항 기재와 같은 장소에서 인터넷 공유사이트인 페이스북에 접속하여 피해자를 지칭하여 “거지 중의 상거지들이구나~~ㅠ”라는 댓글을 달아 공연히 피해자를 모욕하고,

3. 2016. 3. 1.경 제1항 기재와 같은 장소에서 인터넷 공유사이트인 페이스북에 접 속하여 피해자를 지칭하여 “돼지에겐 진주보다 여물통에 구정물이 가득해야웃지요ㅋㅋ”라는 내용의 댓글을 달아 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning the data cutting down a sign;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 311 of the Criminal Act and the choice of fines;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Suspension of sentence: Punishment suspended under Article 59(1) of the Criminal Act (the fact that the defendant is recognized as committing the crime, the fact that there is a conflict between the victim and the lessee about the leased building, etc., and it seems that there are circumstances to consider the motive, circumstances, etc. of the crime as it appears to have reached the case, considering the motive, etc. of the crime, in consideration of the fact that there is no previous criminal record, and other character, character, environment, occupation, etc. of the defendant, the defendant is judged to be remarkably normal to not repeat the crime in the future): Fine of 500,000 won, and the period of attracting a conversion: 100 per day.