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(영문) 서울중앙지방법원 2015.12.21 2015고정3143
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who works in the name of “C” in the Internet site page page North Korea and smartphone community program “C”.

On December 2, 2014, the Defendant had access to the Internet Peston (C) in the Jongno-gu Seoul Police Team, and then had published a letter “D” with the title “D.” In relation to the victim E, the Defendant publicly insultingd the victim by putting up a letter “D” with the victim E, i.e., “I met men through Rara speech (which is used at the time of leaving the people, even if they wanted to do so),” and “a movement that seems to have been dispatched for the division of friendly waves.”

In addition, on December 2014, the Defendant had access to the Internet Facebook from Jongno-gu Seoul (Seoul) to the “C”, and had the victim openly insultd the victim by writing, “I am Don't Don't Don't Don't Don't Don't Don't Don's Don't Don't Don't but Don't Don't bn't her husband.”

피고인은 다시 2014. 12. 중순경 서울 종로구 일대에서 인터넷 페이스북에 닉네임 ‘C’으로 접속한 후, 피해자와 관련하여 ‘사라다(피해자의 영어 이름인 G를 빗대어 지칭)가 남편 있다는 그 여자의 애칭 사라다 ㅋ’라는 글을 작성하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Complaints of E preparation;

1. Application of Acts and subordinate statutes to data printed out of the Facebook;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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