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(영문) 수원지방법원 성남지원 2015.04.02 2014고정1794
모욕
Text

1. The defendant shall be punished by a fine of three hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant was a member of the Diplomatic Group from September 2005 to December 2013.

On April 23, 2012, the Defendant publicly insulting the victim E, who is the leader of the Dhynastoma (SNS) by stating that “I think that I will be able to leave. I think we will see our figure. Although I am a few times, I do not have any earthquake beyond I am, and does not am accurately. I am am. I am. I am. I am am. I am. I am. I am. I am. I am. I am.).”

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of witness E and F;

3. Application of Acts and subordinate statutes to an investigation report (Presentation of a written request for disciplinary action against a defendant);

1. Article 311 of the Criminal Act and the choice of fines concerning the crime;

2. The Defendant asserts that the Defendant’s argument regarding the Defendant’s argument under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse does not refer to the victim.

However, in order to establish defamation, it does not necessarily require the victim's name to be indicated, and if a statement of fact without the victim's name can be identified by comprehensively and comprehensively determining the contents of the expression, it constitutes defamation against a specific person (see, e.g., Supreme Court Decisions 82Do1256, Nov. 9, 1982; 2005Do2316, Jun. 10, 2005). This is also the same in relation to defamation where the so-called external reputation, which is a social evaluation of human value, is protected by the law as well as defamation.

The phrase “mar” or “ice” posted by the Defendant on the Kakao Scartori is referred to as the victim, and the health room was around the time when the Defendant written the above notice, among those who had been working in another Kakakao Scarto Ri, when the Defendant had a fluorial fluorial fluorial fluor.

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