beta
(영문) 수원지방법원 안산지원 2016.04.26 2016고정379

모욕

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a member of the Internet NAB, ADB, AD, and C, a member of the Internet NAB.

1. On November 9, 2015, the Defendant: (a) connected the above car page to the Defendant’s residence located in Ansan-si, the Defendant posted the Defendant’s 50,000 won to the Defendant’s 500,000 won to the Defendant’s 500,000 won film; and (b) changed the Defendant’s fraud into the comments on the comments made thereon; (c)

The author posted a letter "the kin who is a fraud change", thereby openly insulting the victim.

2. On November 10, 2015, at around 12:43, the Defendant had access to the said car page at the place indicated in paragraph 1, and publicly insulting the victim by posting comments on the comments posted by the said victim on “I do not know how the said damage is falling short of the strong air cooling, and how you do not have a fraudulent change.”

3. 피고인은 2015. 11. 11. 12:45 경 위 카페에 접속하여 게시 글 제목 ` 사기꾼 조심!! 50만원 영화 5만원에 급 처할 게 영~!', 글 내용 ` 사기꾼 조심!!, 아이 디 F, 연락처 G` 라는 글을 게시하여 공연히 피해자를 모욕하였다 증거의 요지

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances, and the conditions of all the sentencing recorded in the records, such as the Defendant’s age, occupation, sex and environment, and the circumstances before and after the instant crime, and the sentence identical to the order shall be determined.

The defendant has a record of crimes under one suspended execution.

Although the defendant asserts that he did this act in order to prevent the victim from committing the fraud, if the defendant expressed the above article once a day for three days, it is not for the public interest, but for the expression of aggressiveity against the victim.

Even if the injured party made a mistake as argued by the Defendant, it is also true.