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(영문) 대구지방법원 상주지원 2016.06.14 2016고정31
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

Defendant

The victim E is a member who has joined the Internet mobile bareboat "F".

On March 25, 2015, at the time of stay at around 12:38, the Defendant: (a) connected the G house from G to H mobile phones; and (b) made a public insult on the bulletin column written by the victim around 12:04 on March 25, 2015, the Defendant written a letter stating that “In this case, the victim entered this case’s watch, and the victim did not have any applicable law.”

Summary of Evidence

1. The defendant's partial statement (the purport that the defendant prepares and posts comments on his/her own opinion)

1. The protocol of each police statement of witness E's legal statement and E (the purport that the defendant spawns up numerical learning by describing the victim and I as if they were in infinite persons) by writing the comments as stated in its reasoning, along with the writing written by I in writing on the notice of damaged persons;

1. Written statements of J, K, L, M, N, andO (as stated in the reasoning of the Defendant’s decision, the victim’s comments suggesting that he or she has an infinite relationship with the married victim and his or her unmarried I are numerically ruptures);

1. In full view of the above evidence, it is reasonable to deem that the Defendant’s posting of a letter as stated in its reasoning constitutes an expression that may undermine the victim’s social assessment, and thus, the application of the law to the bareboat closure data (the crime of insult)

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

1. Articles 70 and 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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