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(영문) 인천지방법원 부천지원 2018.08.31 2018고정478
모욕
Text

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

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

Reasons

Punishment of the crime

On November 3, 2017, the Defendant, on the Internet Pest bulletin board around 13:13 on November 3, 2017, posted the reason why the Defendant would grow up as a son B on the Internet Pest bulletin board by inserting up to four months in Stockholm, which would be a very rare test. In addition, the Defendant insultingd the victim via an information and communications network by inserting the reason why the Defendant would grow up as a three-way test for South and North Korea where why why is why is why the need to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the head of a complaint and materials appended to the head of a complaint (the details of Facebook);

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 (hereinafter “act which does not violate the social rules” under Article 20 of the Criminal Act means an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as an act which does not violate the social norms, must be determined individually by considering, under specific circumstances, the motive or purpose of the act, the reasonableness of the means or method, the balance between the interests protected and infringed legal interests, the fourth urgency, the fifth level of urgency, the fifth level of defense without any other means or method (see, e.g., Supreme Court Decision 2003Do300, Sept. 26, 2003); and Article 21 of the Criminal Act provides that the act of defense as stipulated in Article 25 of the Criminal Act should be established by taking into account all types of legal interests infringed by a political party, such as the degree of infringement by a specific act of 19th degree of the act of defense (see, e.g., Supreme Court Decision 2001Do294.

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