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(영문) 전주지방법원군산지원 2020.12.11 2020고정331
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 3, 2020, at around 21:18, the Defendant posted the article comments on the Internet “E” title “E” within the Defendant’s residence in Gunsan-si B apartment C, the Defendant posted the article comments on “E” from around four times to around one’s opening Doar? The Defendant also posted the article comments on “E”.

In this respect, the patent complainant insulting F.

Summary of Evidence

1. The defendant's act is sufficient to constitute a crime of insult because the defendant's act constitutes a justifiable act that does not violate social rules, considering the defendant's act, such as investigation report (the name of the account holder and the transfer of the document), investigation report D articles, news comments, screen, request for warrant of search, seizure and verification [the defendant and his defense counsel asserted that the defendant's act of this case does not constitute a crime because it cannot be deemed that the defendant's act does not go against social norms. However, in full view of the evidence duly examined by this court, it can be acknowledged that the defendant posted comments as stated in the facts of the crime in the judgment of the defendant, and such expressions constitute a light that could undermine the social evaluation of the victim. Therefore, it is sufficient to constitute a crime of insult, and it is difficult to view that the defendant's act constitutes a justifiable act that does not violate social norms. Accordingly, the defendant and his defense counsel's assertion is not accepted].

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (i.e., a fine of 500,000 won to be suspended from sentencing, and a fine of 100,000 won to be detained per day) of the suspended sentence (i.e., a fine of 50,000 won to be sentenced), Article 59(1) (i.

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