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(영문) 서울중앙지방법원 2013.07.25 2013고정1764
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

On December 17, 2012, around 09:32, the Defendant, at the Defendant’s office located in Seongbuk-gu Seoul Metropolitan Government, connected to “D”, which is an Internet site, using a computer located in Seongbuk-gu, and posted “D” at 1440 times on the E bulletin board inside the above carpet, and attached to “sponsing to the seat of the president of the association” under the supervision of the Defendant, “I fully agree to the upper part of this article. The head of the Gu, who was returned to the president of the association, assumes the head of the association as of the date of the association and sit in the president of the association.”

Accordingly, the Defendant posted the above Internet site “Stong” under the “Stong” page, thereby allowing all of the above carpet members to access and read the above comments, thereby insulting the victim F, who is the elected person of the president of the E-Housing Redevelopment and Development Project Association, who is a party to the above online page.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

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 of the provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act constitutes a legitimate act and thus the illegality of the defendant's act is excluded.

In the crime of insult or insult as referred to in the crime of insult or insult is an expression of an abstract judgment or a sacrific sentiment that may undermine a person’s social evaluation without a statement of facts. Even in a case where a letter 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, Article 20 of the Criminal Act is applicable.

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