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(영문) 서울중앙지방법원 2015.06.29 2015고정1195

모욕

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 20, 2014, around 21:32, 2014, the Defendant revised and recognized a screen name based on the evidence submitted by the Prosecutor “C” and, even so, there is no concern that there might be substantial disadvantages to the Defendant’s exercise of the right of defense.

사이트에 아이디 ”D“, 닉네임 ”E“로 접속한 후 ”그년은 감옥살이하면서도 뻥칠년이야“라는 댓글을 게시하여 공연히 피해자 F를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. A notice posted by the accused;

1. Application of Acts and subordinate statutes to investigation reports (C carpet monitoring);

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

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Determination as to the assertion by the accused and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 2, 20

1. The defendant's act of asserting that it did not seriously think of the victim's falsehood at the time, and is a contingent and passive response by an ordinarily used expression in the future.

2. Judgment 2. The defendant's arguments are taken into account, and the defendant's arguments are written off.

Even if the comments on the comments are considered as the specific contents and the method of expression of the comments, since the posting of the comments on this case cannot be deemed as a considerable act in society, the above assertion is rejected.