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(영문) 서울북부지방법원 2015.04.23 2014고정932
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant, at a place where the place is unknown, connects the Internet portal site to Agora. Sedia.dirum. In addition, the Defendant reported that the victim D(the age of 26) is F'F's "E" and that the victim D's father and mother will die in a group of sexual assault. The Defendant posted an expression that NN will decrease the victim's social evaluation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Determination as to the assertion by the accused and the defense counsel

1. The Defendant and his defense counsel asserted that: (a) the Defendant and his defense counsel did not specify the victim’s personal information at the time of writing the comments and only posted the “E” , and thus, the victim did not specifically express the victim’s personal information; and (b) the content of the comments does not constitute an expression that may undermine the victim’s social assessment; and (c) even if they constitute insulting expressions, it does not constitute an expression that may undermine the victim’s social norms in light of social norms, and thus, the illegality of the comments is denied.

2. Determination

A. We examine the assertion that it is not a posting of comments on comments by specifying the victim specifically.

However, according to the evidence duly adopted and examined by this Court, "I am Do resident in Daegu" was included in the middle part of the article written by the victim.

Even if the victim’s personal information did not appear at the time when the Defendant posted the comments as claimed by the Defendant, the Defendant’s comments on the comments written by the user of the “E” are comments on the comments written by the user of the “E,” and are the “component” or “Non” of the comments.

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