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(영문) 수원지방법원 2018.04.12 2017고정3149
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

On April 19, 2017, the Defendant connected the Defendant’s official page “D” to the Defendant’s official page of the B B B’s front line C, and then taken up “F” in the statement written by the victim E, “F”, and then was taken back before he throwed down, she received a bit of bit B bit B’s bit of bitchchch, and the victim was openly insultd by means of a bitbit of bitch B’s bit B’s bit of bitch.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The Defendant’s photographic picture (in the event that a third party assumes the Defendant’s comments, the Defendant’s writing on the comments must be charactered, so there is no performance, and since cyber space, the victim is not specified.

One of the arguments is, when the comments were written, several, and when when the comments were written, the third party could see the Defendant’s comments on the comments if the comments were simply written. Thus, performance is recognized, and the Defendant’s comments on the comments were written in English by the victim, and the victim was specified because the name of the victim was written in the text of the victim.

Application of Statutes

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

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

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