beta
(영문) 수원지방법원 성남지원 2019.07.10 2019고정324

모욕

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the owner of apartment in the planned area B, did not proceed smoothly with the establishment of the redevelopment and consolidation project association in the above planned area, there was a complaint against the victim D, the chairperson of the Promotion Committee for the Establishment of the CHousing Redevelopment and Improvement Project.

On November 6, 2018, at the defendant's house located in Seongbuk-gu, Sungnam-si, Sungnam-si, referred to the victim in the F organization or reading room where approximately 327 persons, such as the land owner of the said project site, participate in approximately 327 persons, at the defendant's house located in Seongbuk-gu, Sungnam-si, the defendant publicly insultingd the victim by posting a statement that "it can be combined that no new X exists due to the lack of consent for the establishment of the association due to D residents of the original resident group D, so that the victim can not be redeveloped in the form of a shot wave of the union consent."

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of photographic Acts and subordinate statutes by cutting down a letter written by the suspect at a F organization-raising room;

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. Determination on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. Although the Defendant posted a statement on the conversation as indicated in its reasoning, it is merely an expression of answer and displeasure sentiment, and it does not constitute a crime of insult as a result of undermining the social evaluation of the victim’s personal value.

2. The offense of insult under Article 311 of the Criminal Act is an offense, the legal interest of which is protected by the law, which means a social evaluation of a person’s value, and refers to an offense of insult under Article 311 of the Criminal Act, namely, the expression of an abstract judgment or sacrific sentiment, which does not indicate a fact

Therefore, if any expression is not likely to undermine the social evaluation of the other party's personal value, such expression is somewhat rare.