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(영문) 광주지방법원 2018.09.12 2018고정244

명예훼손등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 2016, the Defendant, as a “D” member, expressed a dispute in writing with other carpets, depending on the difference between the victim E and other carpets, and expressed negative comments on the victim while having a good appraisal for the victim.

1. 모욕 피고인은 2016. 9. 20. 03:52 경 광주 광역시 이하 불상의 장소에서 페이스 북 ‘F’ 명의의 계정에 접속한 후 “ 발 러 좃 더니 분내가 맛 구시 펏 는지 다 빠라 먹어 버리더라

구 ㅠ, 개 ” 이라는 글을 게재하여 공연히 피해자를 모욕하였다.

2. On September 27, 2016, the Defendant violated the Copyright Act: (a) connected to the account in the name of “F” in the name of “F” in the Seoul Special Metropolitan City of Gwangju (hereinafter referred to as “Seoul Special Metropolitan City”); and (b) copied the photo taken by the victim together with “F” on April 2, 2016, and posted it in the name of “F” as a protruding photo of the name of “F” account.

Accordingly, the Defendant infringed the victim’s copyright as above.

Summary of Evidence

1. Partial statement of witness E;

1. Protocols of partial police statements to E;

1. Data on warrant replies, replys to a warrant for search and seizure verification and replys to request for provision of communication confirmation data;

1. Photographss of the F Account closures, the suspect and female-friendly photographs of the suspect H without permission, and the bus tag photographs posted by the suspect H, after the closure of the F Account;

1. On August 26, 2016, an investigative report (the second search and seizure warrant execution report, and the first attorney-at-law specified the victim) [the user of the account in the name of “F” published a letter stating that KRW 2.5 million was deposited at around 14:25 on the same day, and on September 10, 2016, a letter stating that the user of the account in the name of “F would be forced to receive an agreement by force at convenience stores,” and posted a letter stating that he is between Seoul and Seoul by purchasing bus tickets.

According to the evidence, the Defendant was forced to commit an indecent act at a convenience store located in June 10, 2016, and was from the perpetrator’s defense counsel on August 26, 2016.

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