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(영문) 서울중앙지방법원 2016.04.19 2015고정2850
모욕
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 11, 2014, the Defendant, “2015 High 2850, 2015,” posted a statement on the part of the Defendant’s dwelling located in Seoul Special Metropolitan City, Gwanak-gu, and 206 dong 1802, accessing the Internet site (D) by using a computer, and posted a notice to “F” by the victim E, “I will not file a complaint because I do not know about it, and you will see it.”

On June 29, 2014, the Defendant posted a statement on June 29, 2014, 3037, “2015 High 3037,” the Defendant posted a statement on the Internet “G” website (D) title “A victim H(58 years of age that I would be called I I,” referring to the victim in the name of “J,” “B,” “a change of fraud,” “I now, I would like to see that I would be the multiple horses under their command.” At that time, the Defendant posted a statement on 13 statements posted by the victim from November 9, 2014, which reads comments, such as the list of crimes, as shown in the attached Table.

Summary of Evidence

"2015 High 2850"

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. Internet output "2015 high 3037 high ray;

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to photographs by cutting down a notice and writing comments;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 provides that the defendant and his/her defense counsel’s assertion on the provisional payment order constitutes a justifiable act that does not go against social rules and thus does not constitute a justifiable act.

However, the relationship between the defendant and the victims who can be known through the evidence, and the defendant.

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