logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.01.20 2016고정1377
모욕
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 6, 2016, the Defendant access to a mobile device to the Internet “B” with a mobile device at a place in fire 16:59 and runs away to the E-election district in question by using “C immediately after entering the relevant E-election district”.

“F” written comments on the article “F”, and the summary of the evidence that publicly insulting the victim C;

1. Partial statement of the defendant;

1. Complaint;

1. Application of the statutes governing articles and comments;

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

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

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act argues that the defendant's writing on the defendant's argument of the provisional payment order is true, or that it is only intended to criticize the defendant's improper behavior, and it does not insult the victim, nor does it violate social rules.

The insult as referred to in the crime of insult and insult refers to an abstract judgment or a sacrific sentiment that could undermine the people's social evaluation without mentioning facts (see Supreme Court Decision 2008Do2025, Aug. 21, 2008). Even in a case where a certain article contains such insulting expressions, considering the motive, circumstance, and background behind posting the article, the overall purport of the article, specific method of expression, specific logical and objective validity of the presumed fact, the degree of the insulting expression in the whole article, and its overall relation with its overall contents, under the premise that the article is objectively reasonable, and if it is merely a partially insulting expression in the process of emphasizing one's own judgment and opinion, it does not violate the social rule under Article 20 of the Criminal Act, barring any special circumstances.

arrow