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(영문) 인천지방법원 2014.08.29 2014고정2096

모욕

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

피고인은 2013. 12. 14. 1:46경 피해자 B이 다음 아고라(agora.media.daum.net)에 닉네임 'C'로 접속하여 작성한 제목 '안녕한 사람들도 많습니다. 저 또한 안녕합니다'인 글에 대하여 2013. 12. 14.경 장소를 알 수 없는 곳에서 위 사이트에 닉네임 'D'로 접속하여, '아이큐 저질이냐 안녕하지 못한 사람들 얘기하는거야 넌 안녕해 좋겠다 너만 잘먹구잘살아라 대구 ㅋㅋ 쯔ㆍㆍ'라는 댓글을 작성하였다.

As a result, the Defendant posted an expression that could undermine the social evaluation of the victim, thereby openly insulting it.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the police statement concerning B;

1. Application of Acts and subordinate statutes to evidential data copies;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s assertion on the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is asserting that since NAVs in the Internet site of this case did not know it to the victim, the Defendant’s social evaluation of the victim may not be deemed to have deteriorated due to Defendant’s comments. However, as long as the victim’s place of residence and name are indicated in the written statement, it is reasonable to deem that the victim was specified. The circumstance that NAVs including the Defendant did not know it to the victim does not affect the establishment of the offense of insult. Therefore, the Defendant’s assertion is without merit.