The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

피고인은 2019. 6. 4. 19:06경 인터넷 포털사이트 C 카페에 닉네임 'B' 으로 접속하여 피해자 D(24세)이 평소 그 카페에서 사용하는 자신의 휴대전화번호와 함께 게재한 신발 판매글에 대하여 “ㅋㅋㅋㅋ 짭을 찐처럼 쳐팔고 앉아잇네 사기꾼새끼 ㅉㅉ”라는 댓글을 게재하여 공연히 그를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Application of investigation reports (Submission of additional data to a victim of a suspect), investigation reports ( telephone conversations between a criminal suspect and a criminal suspect);

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The summary of the argument is true that the defendant written comments on CKaf, as stated in the facts of the crime in the judgment of the court below. However, since the victim written only his own ID at the time of preparing the above comments, the victim did not constitute a crime of insult because the victim was not specified, even if the crime of insult is established, it constitutes a legitimate act since the victim written comments in order to prevent the sale of the goods as the goods.

2. Determination

A. In a case where it is possible to find out whether the victim is a victim or one Internet comments on the real name of a specific person, thereby undermining the reputation of a specific person or failing to discuss the real name of the specific person, considering the contents of the expression as a whole in light of the surrounding circumstances, it is difficult for the perpetrator to be exempted from liability for defamation or insult against a specific person in principle.

I would like to say.

However, the Internet comments are made.