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(영문) 수원지방법원 2013.08.22 2013고정1528
모욕
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 18:00 on January 10, 2013, the Defendant publicly insultingd the victim by means of attaching four oman signals containing the phrase “CC, Love’s sexual clothes, laves, laves, read, read, and read,” as if the victim had committed son’s mistake, when the victim was near the house of the victim located in Seongdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each Act and subordinate statute on photographic photographs;

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

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is based on the missionary work, and the defendant did not have any intent to insult the victim. However, it is reasonable to view that the expression "by opening, by opening, hypine hypine hypine" written by the defendant in the Supreme Court Decision constitutes an insult as referred to in the crime of insult as an expression of abstract judgment or anti-syprymological appraisal that could undermine the people's social evaluation. Even if the defendant cited some sexual hypology along with the above expressions, such circumstance alone did not have any intention to insult the defendant.

It is difficult to view the above expression as an act that does not violate the social rules, and thus, it is not acceptable to accept such a assertion.

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