2014 Highest 4652 Defluence

A

He/she shall file a prosecution on his/her own, and hold a trial on his/her own.

Attorney B (Korean National Assembly)

April 9, 2015

Defendant shall be punished by a fine of KRW 3,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

1. 피고인은 2014. 8. 19. 02:45 경 서울 도봉구 C빌라)에 있는 피고인의 주거지에서, 휴대전화로 소셜네트워크 서비스인 '페이스북(http://www.facebook.com)'에 접속하여, 피고인의 페이스북에 "못 잤지! 못 잤어! 너 같으면 잠이 오겠어!? 대통령에게 욕을 한 어떤 유가족의 절규!!! 미개인 맞고요!! 나도 미개인이 되련다!! 새끼 잃었다고 발광한 '니 년'에게 발광한다!! 씨발년아! 넌 뒈진 니 새끼 살아올 때까지 잠자지마 알았어? 씨발년 아!!!"라는 글을 게시하여, 공연히 '세월호 침몰사고' 희생자의 유족인 피해자 D을 모욕하였다.

2. 피고인은 2014. 8. 20. 19:49경 같은 장소에서 위와 같은 방법으로 피고인의 폐이스 북에 "이 아빠라는 자야! 그냥 단식하다 죽어라!!! 그게 니가 딸을 진정 사랑하는 것이고, 전혀 '정치적 프로파간다'가 아니라는 것을 입증하는 '유일한 길'이다. 죽어라!!!"라는 글을 게시하여, 공연히 '세월호 침몰사고'의 희생자인 E의 아버지인 피해자 F를 모욕하였다.

3. 피고인은 2014. 8. 21. 15:03경 같은 장소에서 위와 같은 방법으로 피고인의 페이스 북에 "호의를 베풀면 권리인줄 안다. 이 말이 가장 적확하게 적용되는 인간들, 세월호 유족충!!!"이라는 글을 게시하여, 공연히 '세월호 침몰사고'의 희생자의 유족인 F를 모욕하였다.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Each complaint filed by the F and D;

1. Application of Acts and subordinate statutes to documentary evidence of publication of damage (No. 2,17 No. 17);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 311 of the Criminal Act, Selection of Fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Judgment on the defendant and defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act

1. Claims by the defendant and defense counsel;

The Defendant heard that, at the time of posting a statement of criminal facts in paragraph (3) of the same Article, the Family Support Committee of the Sewol ferry referred to as “the House of House” in dialogue with H representatives within the G Party of the Republic of Korea through the media, and asserts that, at the time of posting a statement of criminal facts, the Defendant did not insult the Victim F by specifying the victim F.

2. Determination

1) In a case where an insult by so-called collective indication is difficult to interpret that the content of insult is for a specific person belonging to that group, and in a case where the degree of criticism by collective indication is dilution and it is deemed that the degree of criticism does not reach the degree of impact on each member’s social evaluation, it is a principle that the insult against each member is not established.

However, when it is deemed that an individual member is referred to as an individual member within a group in light of either low number of members or the surrounding circumstances at the time, etc., such individual member is specified as a victim. The specific criteria are the size of the group, characteristics of the group, and the status of the victim within the group (see, e.g., Supreme Court Decisions 2002Da63558, Sept. 2, 2003; 2012Do13189, Jan. 10, 2013).

2) In light of the above legal principles, it is reasonable to view that the defendant's crime paragraph (3) constitutes not only the whole family members of the Sewol ferry but also the criticism or insult of the victim F individuals who were most known to the general public through the media at the time when the defendant posted the statement in Paragraph (3) of the crime, i.e., the victim F, one of the bereaved family members of the Sewol ferry sinking case, was making a simple appearance by asserting the enactment of a special law to ascertain the truth of the Sewol ferry case, and ii) the defendant posted the statement in Paragraph (3) of the criminal facts, such as Paragraph (2) of the criminal facts immediately preceding the day when the defendant posted the statement in Paragraph (3) of the criminal facts. Therefore, it is reasonable to view that the defendant's assertion of the victim F individuals who were the most widely known to the general public through the media among the bereaved family members of the Sewol ferry ferry. Therefore, the defendant and the defense counsel are without merit.

In light of the contents of the article posted by the defendant for the reason of sentencing, the state of mind that the victims, who are the bereaved family members of the Sewol ferry sinking incident due to the crime of this case, and the period and frequency of the defendant's writing, etc., the crime of this case is considerably poor, but the criminal records are considerably divided and reflected in the defendant's criminal conduct, the defendant has no record of punishment for the same crime, there is no record of criminal punishment exceeding the fine, and there is no record of criminal punishment exceeding the fine, and other circumstances shown in the arguments of this case, such as the defendant's age, family relation, and tendency, etc.

Judges Kim Gin-ran