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(영문) 인천지방법원 2014.12.10 2014고단7197
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 12:40 on June 13, 2014, the Defendant: (a) linked to the Internet portal site “htp” (W.naver.com) with his own smartphone (D) at one’s own dwelling area of Bupyeong-gu, Bupyeong-gu, 502 Dong 801; (b) reported the article of “the family member of the Sewol ferry, first country,” and “the first country, the family member of the family member of the Republic of Korea, and the first country, the family member of E, who died from the sinking of the Sewol ferry,” and distorted the article of “htp,/www.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A police statement of the F (including data to close down a report on damage);

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of sentencing under Article 334(1) of the Criminal Procedure Act, which is not good for the reason of sentencing, or continuous comments on Internet articles, is limited to the expression of comments, and the content thereof is also a mere writing in an interesting short term due to the nature of Internet comments, that is, a mere writing in an interesting short term, the fact that the defendant is the main part of the defendant who was not a criminal record, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, shall be determined as ordered by the order.

It is so decided as per Disposition for the above reasons.

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