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(영문) 서울서부지방법원 2014.08.20 2014고정885
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant expressed the victim’s opposition to the Declaration of Assembly against the Declaration of D in writing on the Ministry of Assembly and Demonstration’s instruction on the Ministry of Foreign Affairs at the Ptps//faceok.com/flusory’s Department C’s “The Assembly and Demonstration” on the Ministry of Foreign Affairs’s “The Assembly and Demonstration” bulletin.

A. On July 5, 2013 at the 14:07 Buddhist places, “D means a very extreme and contingent student who is a student, and is close to Vietnam. He discriminates against South Korea and does not recognize the Gwangju Democratization Movement. It appears that the purpose of this study is clear and may not be a student who is a large number of ordinary students. It is a student who has a very poor idea of inciting remuneration by going to the difference of students as soon as possible in the process of unification publicity, such as a prompt correction, I think that D is a student who has a very poor idea of inciting remuneration. It goes through the academic democratization. It goes through the academic democratization of D above, and goes to go to the study or study after closing down the school like the Gongsan Party.”

B. At around 14:28 on July 5, 2013, the Defendant filed the instant Messenger via the victim D’s Messenger at an improper place.

In relation to insult of the victim, as stated in the foregoing paragraph, the victim made a public insultd the victim by sending the victim the message “Iskhts://faceoo.com/focsnory before the width or history, Isk the message to the victim, and then making it available to the majority for perusal by copying the message and posting it in the form of comments on the Pttps’ website (htps:///facebo.com/focsnory).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A complaint;

1. Application of Acts and subordinate statutes to a photograph of cutting down a Facebook (not more than 16 pages of investigation records);

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning the crimes;

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

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

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act is judged.

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