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(영문) 대구지방법원 김천지원 2017.10.18 2017고단919
모욕등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 모욕 피고인은 2016. 10. 13. 11:42 경 구미시 B 원룸 204호에서, 자신의 휴대 전화기로 C 인터넷 사이트에 접속하여 다른 회원들이 모두 글을 볼 수 있는 D 게시판에 피해자 E(19 세 )에게 ‘F( 피해자의 닉네임) 금형 찌꺼기나 깎는 새끼가 벌면 얼마나 번다고, ㅋㅋㅋㅋㅋㅋ’ 라는 글을 작성하였다.

From January 9, 2017 to January 01:00, the Defendant prepared a total of three times on the bulletin board, such as a list of offenses (1) in attached Form 1, and made a public insult of two victims.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) appears to be written by the Defendant on the ground that, around December 16, 2016, the Defendant had access to his/her own telephone room Budio 204 on his/her Internet website to G bulletin board, and had been transferred from the D bulletin board to another bulletin board on the ground that he/she was transferred from the D bulletin board to another bulletin board.

Boeman

ㅋㅋㅋ, ㅋㅋ 그러길래 왜 통수를 쳐 ㅋㅋ, 조용하게 내 자지나 빨지 ㅋㅋ' 라는 글을 작성하였다.

From January 15, 2017, until January 11:49, 2017, the Defendant written a total of 23 times on the bulletin board to four victims, such as the list of crimes (2) in attached Form 11:49, and sent to the victims a text that may cause sexual humiliation or aversion through a communications medium for the purpose of inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, E, I (tentative name), J, and K;

1. Each complaint and each evidential material;

1. Application of each seizure and verification warrant or reply statute;

1. The punishment provided for in Article 311 of the Criminal Act and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity by means of communications media) and the selection of imprisonment with prison labor for each crime;

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 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of sexual assault crimes committed to attend lectures;

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