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(영문) 서울서부지방법원 2015.07.24 2015고정674
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 September 14, 2014, the Defendant posted a letter on his Twitter (hereinafter “C”), “C” and “I”, which read, “D’s Twitter (e.g., tobacco smoking) and that E.g., E., members of the E., political party will take a single ceremony of more than 20 days. They will turn out from the room, and his father and wife will take the same behavior as the students of middle school who take the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son’s son’

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the argument is merely the use of some insulting expressions in the process of emphasizing the validity of the opinion while reporting a newspaper article that the victim was satisfying tobacco during the single-style strike and raising questions as to whether the cross-satisfy of the officially recognized victim was being genuine, and thus posting the text of the argument constitutes a justifiable act that does not violate the social norms.

2. Even in a case where a written determination contains insulting expressions, in light of the motive, circumstance, and background behind the posting of the said written text, the overall purport of the written text, specific method of expression, logical and objective validity of the premised fact, the degree of insulting expressions in the entire text, and the relation between the overall content, etc., the said written opinion is partially insulting in the process of emphasizing that one’s own decision on relevant facts or issues surrounding it, and the attitude the victim took place, etc., on the premise that the said written text is objectively reasonable.

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