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(영문) 서울중앙지방법원 2016.02.01 2015고정4099
모욕
Text

Defendant shall be punished by a fine of KRW 400,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who has been assessed as “a person who has been at the intermediate level” in 2013 and lacks the ability to discern things or make decisions due to emotional problems concerning the formation of human relations, and clearly and considerable defects and social circumstances.

On March 1, 2015, the Defendant: (a) on the ground that around 12:22, the Victim C (n, 29 years of age) written comments are written in China on the NAV Rober B’s bulletin board operated by the Defendant; (b) according to the facts charged in the indictment, there is room for misunderstanding that the Defendant written comments on the comments indicated in the indictment on the NAV Rober B, operated by the Defendant, may be written in accordance with the following evidence:

게시판에 여러 사람이 참여하여 대화를 주고받는 가운데 피해자를 지칭하여 “ 애 미가 촹 녀 출신이라서 그런 듯 싶음 여 하�, 지나( 중국) 빠는 것 자체가 병신이므로 당연히 병신이죠

In order to raise comments on “the victim”, the victim publicly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police against C and petition by C;

1. Evidential materials after submitting them to victims;

1. Points of mental and physical drugs: Each report on psychological evaluation, and the application of each prescription statute;

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

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

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 concerning the order of provisional payment;

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