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(영문) 수원지방법원 안산지원 2015.10.14 2015고정1074

모욕

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a person who uses the “D” as a member of the Internet photographic club site “C.”

The Defendant, at around 21:50 on April 21, 2014, connects “C”, a website of the Internet photographic club, with “E” as the title “F”.

I kymn kyn't kyn't

In order to make an article with the content of ‘', it is necessary to see the text disclosing the victim G's personal status, and see the type of “Isle getable.”

gly, glymara

"Along with the writing of "", the victim made a patent insult by referring the victim as a punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of G;

1. Judgment on the defendant and his defense counsel's assertion on the closure data on the comments screen

1. The comments posted by the defendant do not refer to the victim, so there was no intention to insult the victim.

2. Determination

A. Based on the above evidence, the following circumstances may be acknowledged:

① When the victim posted a notice on the Internet bulletin board related to the sinking of the Sewol ferry, the victim disclosed his real name in order to attack against comments on the Internet, and made the instant notice on the Internet.

② 이 사건 게시글에는 피해자를 조롱하는 내용의 댓글이 달렸는데, 피고인의 댓글 앞에 달린 댓글 중에는 ‘진짜 뱃충이가 낙타났� ㅋㅋㅋㅋㅋ’, ‘확인감사드립니다 �여 베충이!’, ‘그럼 베충이지 정직원이냐 ㅋㅋ’이라는 내용의 댓글들이 있었다.

③ The Defendant’s comments on the instant case are understood to the effect that, in light of the victim’s comments and the above comments, the victim must be removed by referring the victim to punishment.

④ Generally, a person who is referred to as a punishment shall make viewers feel insulting.

B. In light of the above circumstances, the punishment expressed in the comments of this case by the defendant is understood as referring to the victim, and it is caused by the comments above.