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

피고인은 2018. 9. 14. 20:30경 동해시 B에 있는 피고인의 주거지에서 불특정 다수인이 이용하는 인터넷 C 사이트에 접속한 후 ‘D’이라는 제목으로 작성된 피해자 E에 관한 기사에 댓글로 피해자를 지칭하여 “넌 쥐약 쳐먹고 자는게 도와주는거다”, “뱀혓바닥 튀어나올까 언제나 씨버릴 때 이빨 꽉 깨물고 버티는 새퀴가 있다. 이 새퀸 평양냉면 조나 좋아 한다.”라는 내용의 글을 작성, 게시하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to petition for complaint and documentary evidence;

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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the Defendant made and posted comments by using an expression that goes through the Internet news articles about the victim as described in the facts charged. However, the Defendant’s act does not constitute a crime of insult since the Defendant’s act does not constitute a crime of insult, since the Defendant’s intent not to insult the victim, but was made in a sense that the victim made efforts to peace in the Korean Peninsula as a member of the National Assembly.

2. The offense of insult is established when a person is openly insulting (Article 311 of the Criminal Act). The legal interest protected by the law is the external reputation, namely, a social evaluation of a person’s value. Here, insult refers to the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation, without indicating a fact.

In addition, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim, so the external reputation of the victim is practically infringed.