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

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

Punishment of the crime

On November 8, 2016, from around 17:23 to March 21:39, 2017, the Defendant sent a notice stating that “IDF” was connected to the Defendant’s cell phone in the name of the Defendant in the “D E” box located in the apartment commercial building of the city of Bapo-si operated by the Defendant, and then posted a notice stating that “IGF was replaced by the fraud” in the column of the bulletin board goods of the victim G (38 years old) for the vehicle registered.

Accordingly, the Defendant openly insulting the victim through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Application of the statutes governing screen pictures, sales letters, and the application of the relevant comments on the victim's information in the rooftop;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion is merely a receipt of the text message causing insult from the victim of the injury, and the document written and posted the same article as the instant criminal facts on the bulletin board of the product. The text posted on the pertinent bulletin board may delete the victim at any time. As such, the Defendant cannot be deemed to have openly insulting the victim.

2. Determination

A. The crime of insult is established when a person is openly insulting (Article 311 of the Criminal Act). It is a crime of protecting the external reputation, referring to a social evaluation of a person’s value, and the term “comprehioning” refers to the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation, without indicating any fact.

And the offense of insult is a victim's external reputation.