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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
Around March 8, 2020, the Defendant had access to the Internet broadcast programming website B at the place of residence of the Defendant, and had viewed the real-time broadcast of “D representedr” by referring to the victim E, referring to the “Fraud,” and referring to the “Fraud,” and referring to the “malicious snick,” thereby openly insulting the victim by many people viewing the said broadcast.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police statement of E;
1. The Defendant’s defense and determination of the data upon the closure of a course are consistent with the Defendant’s writing comments on the C site hosting held as stated in the facts charged, but the Defendant did not have the purpose of slandering, and the victim’s victim’s victim’s clinic cannot be deemed to have been identified or suffered damage to the victim’s insult by public disclosure.
The offense of insult is established when a person is openly insulting (Article 311 of the Criminal Act). The existence of the purpose of insult does not affect the establishment of the offense of insult.
In addition, the offense of insult is protected by the legal interest of external reputation, which means a social evaluation of the value of a person. Here, the term “defluence” means the expression of abstract judgment or sacrific sentiment, which is likely to undermine the people’s social evaluation without mentioning facts, and the crime of insult is established; however, the victim must be identified in order to establish the offense of insult; however, even if a person’s name is not indicated, if it is possible to identify whose indication is given in light of the surrounding circumstances, the victim
(See Supreme Court Decisions 82Do1256 Decided November 9, 1982, and 2008Da27769 Decided February 26, 2009, etc.). In light of such legal principles, the Defendant uses the term “F” as the clinic on the date and time stated in the facts charged, while setting the Internet.