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(영문) 수원지방법원 2017.05.10 2017고정655

모욕

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 29, 2016, the Defendant accessed the victim D and E by visiting the “E” to the “E”, which was posted on the north of the Suwon-si, around July 29, 2016, and publicly insulting the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police of the E or D;

1. Each closure data (the defendant argued to the effect that the offense of insult against the victims is not established because he did not have the real name of the victims. However, according to the evidence of the judgment, B posted the original text, including the photograph taken by cutting the victim D's broadcast image on his page, and on this, F and B posted the statement of the victim's real name in sequence, and then can be recognized the fact that F and B posted the statement of the victim's real name. In full view of the above facts, it can be sufficiently discovered that the defendant's comments on the statement of the decision of the defendant are categorized the victims. Thus, the defendant's assertion is without merit.

Application of Statutes

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

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