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(영문) 서울동부지방법원 2017.11.29 2017고정1233
모욕
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, “2017 Highly 1233,” is a person who works as a member of the Internet community “daily Berne” (hereinafter referred to as “daily cryp”).

On 18:50 on 01, 2017, at a place where the location cannot be known, the Defendant posted a notice stating “D” on the Internet website “A” and “D”.

Accordingly, the Defendant posted the expression “F” (E G) and an insulting expression created through the victim E (52)’s malicious gas in the past, thereby openly insulting the victim.

The victim H was a child of the I, who died in 2016, and the Defendant used the Internet website on October 7, 2016 (htp:/www.com/W./W.com/860154552) on the Internet website, with the title "K," and the title "K was dead," which is called "K," at around 15:01 on October 7, 2016.

The victim H posted the Internet site "B" with the content of 'Bid, the person who does not waive his way,' and the victim H posted it on the Internet site.

The contents of this article are written and posted together, thereby openly insulting the victim H.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made against L/M;

1. Each complaint letter (the defendant and his defense counsel asserted that the defendant's act does not contravene social norms, and thus is a legitimate act.

In light of the evidence adopted and examined by the court, the issue of whether certain expressive act constitutes an insult or insult shall be based not only on the expression itself, but also on whether the expression was objectively insulting rather than on the critical aspect, but also on whether the subjective perception of insulting the victim, considering the meaning of the context before and after the use of the expression, the context of the speech, the method of communication of the expression, and the ripple effect, etc.

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