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(영문) 인천지방법원 2013.11.29 2013고정3920

모욕

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 27, 2012, around November 27, 2012, the Defendant posted a statement stating that “C” operated by the Defendant in Nam-gu Incheon Metropolitan City, Dong-gu, Incheon, was connected to the bulletin board of “D” following the Internet website by using a computer, and that the victim F, and the victim H, who operates the said shopping district, spent litigation expenses for the temporary suspension of the performance of duties against I, who is the operating chairman of the operating committee following a special meeting, as an operating member of the said shopping district, from the operating expenses of the shopping district. The Defendant insulting the victims by posting a statement stating “B reply and G” under the title “E and G”.

2. Around January 30, 2013, around January 30, 2013, the Defendant, using a computer, visited the Internet website (hereinafter “C”) bulletin board of “D” after the Defendant’s use of a computer, and posted a statement on the content that the victim F and the victim H spent the litigation cost from the commercial operating expenses as described in paragraph (1) and that the victim F and the victim H were “persons who are not aware of the South-North Korean interest” as the title “persons who will receive education from our children at this private teaching institute.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a written complaint, photographic materials, posting language, investigation report (in addition to a written complaint, attaching one copy of the written complaint);

1. Article 311 of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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