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(영문) 서울중앙지방법원 2020.11.11 2020고정1665

모욕

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 4, 2020, the Defendant posted an insulting writing four times in total, such as the statement in the attached list of crimes, on the following: (a) “B car page” to “C (AD)”, which is a Internet used trading site; (b) and (c) written comments posted by the victim E, in writing posted by the victim E.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application for a warrant of search, seizure and verification (prior);

1. The written complaint (the defendant is denied to the effect that the victim was not specified at the time of posting each of the comments in this case, or that there was no performance. However, the following facts or circumstances revealed by the evidence mentioned above, i.e., the defendant posted a statement to the effect that the above coophone is not effective and effective, ii) the defendant has continuously posted each of the comments in this case, including the insult of the victim among the defendants and the victim, (iii) the victim's writing was made public; and (iv) the victim's writing was written in his name, cell phone number, and apartment information that he was living; and (iv) the number of inquiries at the time was 40 times or more; and (v) the defendant can be found to have publicly known that the defendant sent the comments in this case by anyone between the defendant and the victim was referred to the contents of each of the comments in this case.

1. Relevant Article 311 of the Criminal Act concerning the facts constituting an offense and Article 311 of the Selection of Punishment (General Provisions and Selection of Fines);

1. Detention at a workhouse;

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