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(영문) 인천지방법원 2015.06.12 2015고정1352
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as a person who moved into a discount contract in Yeonsu-gu Incheon Metropolitan City, is a member of Internet NAV (E) who works as a member of approximately 1,00 residents of the same apartment complex and approximately 300 residents who moved into a discount contract with the contractor, and the victim G is a person who uses a H "H" while working as a vice versa.

The Defendant was dissatisfied with the victim on the ground that the Defendant interfered with the activities of discount contract generations by continuously posting a letter that is irrelevant to theme on the free bulletin board of “F Kaf,” thereby interfering with the activities of discount contract generations.

피고인은 2014. 6. 25. 22:29경 인천 불상지에서, 위 ‘F 카페’ 자유게시판에 접속하여, 회원 I가 ‘J’이란 제목으로 작성한 글 중 본문 하단에 ‘이 글 올리면 H이처럼 다구리당할까요^^’란 글이 게시되어 있고, 회원인 K이 ‘그뇨자 병원가면 치료될까 ’란 댓글을 달자 그 댓글 밑에 『살다살다 별꼴 다보고 사네요ㅎㅎㅎㅎ투시되어 머리속좀 들여다 봤음 ㅎㅎㅎ아마도 깡통소리 날것같기도 하고』란 내용으로 댓글을 작성하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the criminal complaint and the police statement related to G;

1. Application of the relevant Acts and subordinate statutes by capturing evidence;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. In light of the fact that Article 59(1) of the Criminal Act recognizes a criminal act and reflects the same, there is no record of the criminal act, and other comprehensively taking into account the conditions of sentencing as provided by Article 51 of the Criminal Act, the criminal defendant is not sentenced even if he/she does not sentence the punishment.

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