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(영문) 의정부지방법원 고양지원 2014.06.18 2014고정651

모욕

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A victim B is an online newspaper reporter called “C”.

On December 25, 2012, 13:26, the Defendant, at the residence of the Defendant, who used Twitter D 402 Dong 806, Goyang-gu, Goyang-si, Goyang-si, D 402 Dong 806, and on the Internet site “F”, posted the Defendant’s “G” on his Twitter (H: H) account, citing the phrase “G for a criminal who committed sexually indecent act against South and North Koreans.”

In addition, “the victim was openly insulting by posting them.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement in B;

1. Search, seizure, verification warrant and reply;

1. Application of the statutes governing publication of the accused;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s name was searched at the time when about 10 months elapsed since the crime of this case was committed, and the Defendant’s name was searched at the time when 10 months elapsed since the crime of this case was committed, which is the most favorable sentencing factor for the sentencing of Article 334(1) of the Criminal Procedure Act, thereby insulting the victim by using the same expression method as the criminal facts, and the victim’s wishing to punish the Defendant, which is disadvantageous to the Defendant, shall be determined as per the order, taking into account all the circumstances such as the sentencing factors favorable to the Defendant, and the contents of the Defendant’s expression.

It is so decided as per Disposition for the above reasons.