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(영문) 수원지방법원 2016.09.28 2016고정1540

모욕

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the female president of Yeongdeungpo-gu Incheon Metropolitan Government apartment house C, and the victim D is the chairperson of the council of occupants' representatives of the above apartment house.

On October 9, 2015, the Defendant used the Defendant’s smartphone to 15 apartment residents, such as E and F, using the Defendant’s smartphone, “D is not interested not only in human life but also in the public day for residents.”

그리고 말 할 때마다 거짓말을 하니 참기 힘든 분노까지 치밉니다

“Along with the transmission of the Kakao Stockholm message, publicly insulting the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Each written confirmation;

1. Application of Kakao Acts and subordinate statutes to the Stockholm;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant guilty of the instant facts charged; however, in light of the following facts, the Defendant’s primary content of the message that the Defendant prepared and transmitted without compensation is acknowledged as follows: (a) compared to the Defendant, etc., who works for neighbors without compensation, the victim is a person who provides human worship, interferes with public activities for citizens, interferes with public activities for residents, and makes false statements; and (b) in light of the fact that the Defendant sent such message to 15 visitors, the Defendant’s personal intent as well as his personal mind should be deemed as included in not only the Defendant’s personal intent but also the victim’s intent. In so doing, all of the instant facts charged facts charged are found guilty.

Although the Defendant asserts that such an act is a justifiable act that does not go against the social norms, the motive or purpose of the act is justifiable, to be recognized as a justifiable act, the means or method is reasonable, and the balance between the benefits of protection and the benefits of infringement is required.