A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On September 3, 2015, at the defendant's residence located in Nam-gu Incheon Metropolitan City, the defendant posted a statement on the article related to the victim D / [E] posted on the Internet portal site in the article of Nver.com, and on the article of "Seman's thought that Seute was playing in Seute even after Seute.com".

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D or F;

1. The application of Acts and subordinate statutes to each investigation report (Attachment to the submission of a list of crimes G by law firms, a representative of the complainant, and the original text of X-sports news articles posted comments comments on comments made by the respondent);

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 regarding the defendant and defense counsel's assertion of provisional payment order: although the defendant and defense counsel have written comments as stated in the above criminal facts, the victim's husband's appearance has been treated with her mother and child, and since the victim's real name has not been expressed at all, the crime of insult is not established because the victim's name has not been specified.

The argument is asserted.

Since the offense of insult is established by expressing a warning that may undermine the social evaluation of a specific person or an organization holding character, the victim is required to be identified (see Supreme Court Decision 2011Do15631, Mar. 27, 2014). If it is possible to find out that the expression is categorized as a specific person in light of the contents of the expression in light of the surrounding circumstances, even if the person’s real name or real name is not expressed as Internet comments, it is difficult for the actor to, in principle, be exempted from liability for defamation or insult against a specific person (see Constitutional Court Decision 2011Do15631, Jun. 26, 2008).