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(영문) 창원지방법원 2017.01.18 2016고정1105

모욕

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, at Twitter’s Twitter, a social network service provider of the Internet, was a victim D (AE, A, etc.) and horse fighting in Twitter, and was accused of insult against the victim, and was investigated by the Jinhae Police Station around May 1, 2015.

On May 2, 2015, the Defendant had access to the twitter using smartphones at the dwelling of the company located in the city of Changwon-si, Changwon-si on May 2, 2015, and then had access to the twitter using smartphones at the dwelling of the company located in the city of Changwon-si, the Defendant filed a complaint by finding the police station twice or more after having access to the twitter with an unspecified person.

By inserting the word “”, the victim was openly insultingd.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements concerning the police and the prosecutor's office concerning each part of the protocol of interrogation of the accused;

1. Each police statement made in relation to G or D;

1. The Defendant asserts that the Defendant’s argument on the content of Twitter dialogue does not refer the victim, but rather refers to H that has placed a complaint on the Neth Pis.

However, in light of the following circumstances that can be seen through evidence of the judgment, namely, ① there is no accusation against the Defendant, whereas the victim filed a complaint with an investigative agency against the Defendant, ② the Defendant posted the same article as the facts constituting a crime following the investigation by the victim, ③ the Defendant did not make a statement that he/she posted at the time of making a statement in the police, it can be sufficiently known that the text posted by the Defendant is subject to damage.

Therefore, the defendant's assertion is not accepted.

Application of 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;