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(영문) 수원지방법원 성남지원 2017.12.15 2017고정1349
모욕
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim C have become aware of in the course of online games.

1. On January 4, 2017, the Defendant committed sexual harassment on the part of the Defendant at the Defendant’s residence located in 602 dong 1003, Sungnam-gu, Sungnam-si, Sungnam-si.

The facts pointed out are as follows: “E” published on the Defendant’s Blog on the “E” Internet homepage that “Slogs who, if you wish to do so, have been installed in a less fluent logic on the shocked slogs,” thereby openly insulting the victim.

2. On January 6, 2017, at around 15:50, at the same place as Paragraph 1, the Defendant publicly insultingd the victim by posting a letter stating, “I am sphere with respect to the circumstances of the instant case that was brought into sexual harassment” on the free bulletin board on the said website, stating, “I am sphere with respect to the circumstances of sexual harassment, I am sphere, I am sphere, I am sphere, I am within social life, and I am sphere I am at home.”

3. On January 6, 2017, from around 19:00 to January 19:00, 2017, the Defendant: (a) at the same place as Paragraph (1) of this Article, for the foregoing reasons, at the victim’s tables within the said website, “The Government of Small and Medium Business, Small and Medium Business, and Rural Affairs, established in the Republic of Korea, where the period in which the Defendant was 19:00 to Jan. 9, 2017

A notice stating “The victim was openly insulting by putting a letter to the same effect.”

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against C;

1. Complaints (including evidential materials);

1. Application of Acts and subordinate statutes to investigation reports (Submission of reference materials);

1. Relevant Article of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant merely referred the victim to “F” while posting the same article as the facts charged and “F” was the victim.

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