A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The Defendant is a member of “D” Internet Carbook (E). On January 28, 2012, at around 11:50, the Defendant posted a statement that “F” refers to the victim G, etc. in the name of “F” by accessing the said Internet carbook and referring to the victim G, etc. in the name of “F,” and the same year.

2. 21. 10:40경 위 인터넷 카페 게시판에 접속하여 닉네임 ’F‘ 명의로 피해자를 지칭하여 “수행하는 승려가 물욕에 빠져서 눈에 뵈는 게 없는 모양입니다. 도로아미타불 도로아미타불..”이라고 댓글을 게재하여 공연히 피해자를 각 모욕하였다.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness G;

1. The application of Acts and subordinate statutes to investigation reports (the complainant representative - the submission of materials);

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. As to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that even if the content of the writing posted on February 21, 2012 constitutes an insult that impairs the victim’s social evaluation, the defendant’s response to inappropriate correspondence and criticism against the victim’s awareness is merely a justifiable act that does not violate the social rules, and thus, the illegality of the defendant’s act is dismissed.

The offense of insult or insult referred to in the crime of insult or insult is an expression of an abstract judgment or a satisfic sentiment that may undermine a person’s social evaluation without a statement of facts. Even in a case where a certain article contains especially insulting expressions, if such expressions can be deemed as acts that do not contravene the social norms in light of the sound social norms of the times, it is exceptionally unlawful in accordance with Article 20 of the Criminal Act.