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(영문) 수원지방법원 2017.08.23 2017고정368

모욕

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 18, 2015, the Defendant purchased 35,00 won Toy Accent’s 35,000 won from the victim’s Internet NVber, and requested refund from the victim on the ground that it is different from the specifications the Defendant had sought, but was rejected, the Defendant changed the fraud of “B(C)(D-E) F/M on the Kafin bulletin board of the Republic of Korea on June 17, 2016.

( 중략) 사기꾼 B 아!! ( 중략) 피해 주는 사람이 사기꾼인 거야, 왜 니가 사기꾼이 아니니 어디서 그딴 논리가 나와 이 사기꾼새끼야 ㅋㅋㅋㅋㅋ’ 라는 글을 게시하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. In light of the contents and purport of a sign language that can be seen by the evidence as indicated in the judgment, the specific method of expression, the relationship between the Defendant and the victim, etc., the above notice constitutes an expression of an abstract judgment or sacrific sentiment that may undermine the social assessment of the victim, and at least the Defendant had the intention to insult the victim at least at the time.

Therefore, the defendant's assertion that he did not have the intention of insult is rejected.

[Application of Acts and subordinate statutes]

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant changed the morale of “B false stolen (Korean G)”, “B(C)/F/M/ frauds from the place of inwards below the end of November 25, 2015.

거래하지 마 세요!! 허위 매물 비싼 가격에 팔아 놓고 환불안해 줍니다

(In addition, this article will put up a 15000 straw of Japan's new products with a 20,000 won fixed price of Japan's new products and make a false representation of a false selling fraud, and make the victim public.