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(영문) 서울북부지방법원 2020.02.14 2019고단4512

모욕

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On November 20, 2017, at around 01:59, the Defendant posted the comments “F” on the article of “E” published on the Internet portal site D’s news bulletin board at the location of the Defendant at the Dongdaemun-gu Seoul building, Dongdaemun-gu Seoul and the Defendant’s residence, and publicly insulting the Victim G by using D’s ID “F”.

2. On November 24, 2017, at around 07:58, the Defendant posted the article of H’s “H” inserted in the said news bulletin board, and publicly insultd the Victim G by using the said Aardi, stating that “the shot snick snick snick snick snick snick snick snick snick, and the snick snick snick.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to I;

1. Internet Articles, investigation reports (Internet Articles and comments attached thereto);

1. Application of Acts and subordinate statutes on warrant correspondence data;

1. Relevant Article of the Criminal Act and Article 311 of the Criminal Act concerning the crime, the choice of a fine (including the fact that the person appears to have an attitude to recognize and reflect it, and that he/she has no record of the same crime);

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

1. Articles 70 (1) 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;