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(영문) 대구지방법원 김천지원 2017.09.26 2017고정340

모욕

Text

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

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

Reasons

Punishment of the crime

1. On September 23, 2016, the Defendant had access to the victim B (C before the name of the husband) by using a mobile phone at a place where it is unknown to the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and Gu

The level of mental disorder or higher is too much divided into three months if you love to find out any such a son who is aware of the police's mind at home after having filed a complaint with the husband and having the police at home.

C It may be identified as C on the family register.

Mosle sulpha sulpha

“Publicly insulting the victim by posting the comments “” so that anyone can see the comments.

2. 피고인은 2017년 1 월경 구미 이하 알 수 없는 장소에서 휴대전화를 이용하여 자신의 카카오 스토리에 접속하여 위 피해자에 관하여 “ 이름 C 나이 44세 74 년생 전 번 D 밥맛 떨어지는 분은 댓 글로 한번 해보 고픈 분은 전화해 보세요” 라는 취지의 글을 누구나 볼 수 있는 자신의 소개 화면에 올려 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

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

1. Relevant Article 311 of the Criminal Act and the choice of fines for criminal facts;

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. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the order of provisional payment is charged with Kakao a statement of insulting the victim after the defendant was investigated as a domestic violence case of assaulting the victim, and the crime is not good in light of the motive, content, method, etc. of the crime.

However, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime, including the fact that the defendant is against the defendant.