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(영문) 의정부지방법원 2021.03.11 2020고정1681

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 the “D” in the Internet B’s clinic, “C” and “D”.

The Defendant’s broadcast of the title “E” in the Defendant’s residence located at the time of the Government around December 12, 2019, and disclosed the victim F’s face pictures and online game G’s protogram (in the presence of more than 100 audienceers, information from middle schools) at the victim’s face in the presence of 100 audience, while disclosing “the Defendant has a serious fluor, fluor, and the fluor, and the fluor, the fluor, and the fluor, the fluored fluor.

C. Eargue, the victim openly insultingd the victim by stating that he/she is “a Chewing fix or well created by argue.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint;

1. 각 스크린 샷( 방송 화면), 속기록

1. Reporting on investigation (a warrant of search and inspection of search and reply) and the application of answer statutes;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) of the Criminal Procedure Act are the circumstances favorable to the defendant, such as that the defendant recognized the facts charged in this case and reflects his mistake, and that the defendant has no criminal record for the same crime.

However, in light of the circumstances and contents of the crime of this case, considering unfavorable circumstances such as the fact that the crime of this case is not good, the defendant is not more severe than a punishment of the summary order for the defendant, considering the fact that the defendant has a history of criminal punishment once the suspension of the execution of imprisonment with prison labor, and four times criminal punishment of fines.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, occupation, sex, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime.