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(영문) 의정부지방법원 2016.01.14 2015고정2364
모욕
Text

1. Defendant shall be punished by a fine of 200,000 won

2. 10,00 won where the defendant does not pay a fine.

Reasons

Punishment of the crime

1. Around November 09, 201:01:31, the Defendant connects the Internet portal site after “B” at the Defendant’s home located in Seoul Special Metropolitan City, Nowon-gu, to the Internet portal site, and up to a free bulletin board, up to the title “C,” published as “D’s abolition of another missionary work.” Using the title “D” as “D,” and using the title “A” to be subject to the punishment of Naras, and using the title “A”.

“Preparation and publication of comments on “A” and publicly insulting the victim E;

2. On March 18, 2015, the Defendant assaulted E in the same camera bulletin board around 19:19 on March 18, 2015;

It is not the case in which the Kafa F is the time when the Kafabb "G church E Babbabbba" assaulted by the Kafaba in relation to this Kafac

Using that it is the same clinic as the article posted under the title "E and E is required to do so.

“Preparation and publication of the comments on “” and publicly insulting the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the statutes governing comments;

1. Relevant Article 311 of the Criminal Act concerning a crime. Article 311 (Selection of Penalty)

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

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

1. The victim pointed out that the judgment of the claim of Article 334 (1) of the Criminal Procedure Act is inappropriate because he/she used the expression "I" during the classical session, and the victim is a public official who can be widely criticized for the public speech inappropriate as a church pastor, and is currently a situation in which the members dispute over the division of the victim who is a pastor, it is argued that posting the same degree of expression as the written facts in the facts charged to criticize the public opinion in the Internet community of the members does not constitute insult, or that it is not unlawful.

Defamation referred to in the offense of insult is abstract, not to mention facts, which may undermine people's social evaluation.

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