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(영문) 춘천지방법원 원주지원 2016.06.29 2016고정184

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

The defendant is a person who uses ‘D' in ‘Internet Game' in ‘C'.

The defendant, at around 15:20 on November 25, 2015, in a community bulletin board prepared by an unspecified number of people on the C Game, "Admonia" was born to the victim.

', ' 너 앞으로 낙태하지 말고 착하게 살아야 한다', ' 낙태소리 들으니 빡 쳤냐

In order to make the word "the victim publicly insulting", the victim was openly insulting.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes concerning data upon closure of C/C bulletin boards;

1. Article 311 of the Criminal Act applicable to the crimes and Article 311 of the Criminal Act: Selection of a fine;

1. Determination as to the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. The defendant's assertion of defense counsel calls for comments such as the facts constituting the crime in the judgment, but the victim's comments on the above comments on the anonymous bulletin board using the clinic alone are specified.

It is difficult to see it.

Even if the victim's act was specified, it does not violate the social rules because the victim gave a passive warning to indicate false facts about the defendant.

Therefore, the defendant is not guilty.

2. In full view of the following facts and circumstances revealed by the evidence duly adopted and investigated by the court, the court can acknowledge the fact of insulting “specific victim” as stated in the facts constituting the crime in the judgment of the defendant, and the above act by the defendant cannot be deemed as an act that does not contravene social norms.

The defense counsel's assertion is not accepted.

A. 1) The Defendant and the victim came to know of their activities in C Internet bulletin boards from around 2011.

2) The Defendant and the aggrieved person have actually meted to promote friendship in 2012 through 2013. The meetings include the Defendant and the injured person.