beta
(영문) 인천지방법원 부천지원 2018.08.29 2018고정403

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인은 2017. 9. 2. B 블 로그 공개 게시판에서 ‘C’ 이라는 닉네임을 사용하여 피해자 D를 지칭하며 “ 툭 하면 논설위원, 칼럼니스트라는 데 E, F

.. 제주도에 뭐 심어 놨나

A. M. M.A. M.D.

. When, at any time, it was written as to the place of origin

b) EBF had never been on the ground; or

It is necessary to put up a letter "," and write down simply as to why why we see the portion of "Dai D. D. D. D. It may be transferred anywhere to:

여.. ^^ ( 중략) 물론 행동 대원들도 같이 움직이겠죠

. If a member of the action group is used, the victim was openly insultingd by posting the “A....” to the effect that the member was properly trained.

[Defendant and defense counsel did not use an sacrific expression, and in light of the motive, background, degree of expression and importance of the notice, etc., Defendant and defense counsel asserted that the posting language constitutes a justifiable act because it does not violate social norms.

The offense of insult or insult referred to in the crime of insult or insult is an expression of an abstract judgment or sacrific sentiment that may undermine a person’s social evaluation without a statement of fact. Whether it constitutes such an expression ought to be objectively and reasonably determined by comprehensively taking into account the meaning and intent of the expression, the overall content and context of the writing, and the relationship between the offender and the victim, in accordance with the social common sense and sound common sense (see Supreme Court Decision 2016Do15261, Jan. 25, 2017). If a certain expression is not expressed in a somewhat exceptional manner, it does not constitute the element of the offense of insult, even if it is not likely that the expression may undermine the other party’s social evaluation of his personal value (see Supreme Court Decision 2015Do229, Sept. 10, 2015).