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(영문) 인천지방법원 부천지원 2018.02.23 2017고정1238

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

On May 29, 2017, the Defendant was dissatisfied with the victim B and the victim C who did not seem to be in a way to re-building problem of Pyeongtaek apartment, and the victim C was dissatisfied with the complaint at the D organization reading room in which the apartment residents participate.

E에다 그렇게 해 놓고 아직도 미련을 못 버리시고, 뒤로 꼼수를 쓰고 다니시는 건 가요 건설사 바지 노릇 하시나요” 라는 메시지를 전송하여 공연히 피해자 B을 모욕한 것을 비롯하여 그 무렵부터 2017. 6. 3. 경까지 4회에 걸쳐 별지 범죄 일람표 기재와 같이 같은 방법으로 피해자들을 공연히 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Part concerning the examination B or C of the suspect interrogation protocol against the defendant

1. Application of the Acts and subordinate statutes governing certified copies of register, accusation and D printing;

1. Relevant Article 311 of the Criminal Act, the choice of punishment, and the choice of fines for the crime;

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

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. In the selection of a construction company for the reconstruction of F apartment, the alleged defendant did not criticize the victims in a social way in order to emphasize the impact of the victims' actions on the F apartment residents, and did not insult the victims.

2. Determination

A. The offense of insult as referred to in the crime of insult is an expression of an abstract judgment or a sacrific sentiment that could undermine a person’s social evaluation without a statement of fact. Even in a case where a certain article contains especially insulting expressions, if such expressions can be viewed as acts that do not violate the social norms in light of the sound social norms of the times, illegality shall be denied exceptionally in accordance with Article 20 of the Criminal Act (Supreme Court Decision 200Hun-Ba388, Apr. 1, 201).