2014 Goman3756 Defluence

U.S. ○ (91 - 1), temporary students

Park Jong-il (Public Trial Acting for Public Prosecutor, Prosecution), Kim Jong-tae (Public Trial)

March 2015. 3.20

Defendant shall be punished by a fine of KRW 2,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal History Office

피고인은 2014 . 06 . 29 . 22 : 47경 넥슨코리아에서 제공하는 인터넷 게임인 " 큐플레 이 ( qplay . nexon . com ) " 에 아이디 " XXXOOOO " 로 접속한 후 , 채팅세대짱1 채널 186번 방의 채팅방에서 , 피해자 고○○ ( 여 ) 이 사용하는 아이디 " 암시 " 를 지칭하며 " 니애미창 년 , 애미 , 셋트메뉴로 밧줄에 묶어놓고 존나게 패야지 , 시발년 , 닥쳐 " 라고 작성하여 공 연히 피해자를 모욕한 것을 비롯하여 그때부터 2014 . 7 . 13 . 까지 사이에 별지 범죄일람 표 기재와 같이 공연히 피해자를 모욕하였다 .

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. All the accusation and statement;

1. An investigation report (to hear statements from a victim), an investigation report (to make a statement by a complainant at 00 telephone);

Application of Statutes

1. Relevant Articles of criminal facts;

§ 311 of each Criminal Code, the choice of fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the Issues

The defendant asserts that the other party is not specified solely by the clinic, and thus, the offense of insult is not established.

The offense of insult referred to in the crime of insult refers to the expression of an abstract judgment or warning that may undermine the people’s social evaluation, and is constituted by insult a certain person or an organization holding character, but does not necessarily require a person’s name to be specified for that specific purpose. Even if a name is not indicated, if it is possible to identify whose name is indicated in full view of the surrounding circumstances, the victim may be deemed to have been identified.

In light of the following circumstances acknowledged by the record, ① the victim had been engaged in the game of this case from around 2013, ② the game of this case with the victim, ② the defendant had been engaged in the game of this case, or ‘the defendant had been connected to the same hosting room or atmosphere room at the time of the victim', or ‘the defendant had been engaged in the game of this case' with the victim from around one year before the victim, and he had been aware of the name, age, school at school, etc. of each other; ③ the defendant's expression was sufficient expression to reduce the social evaluation of the victim; ④ The defendant also stated that he had made such statement to the effect that he had known that he had been using the Internet of this case, ④ the defendant had known that he had been aware that he had been using the Internet of this case, ⑤ the defendant's name and address in the Internet of this case, ⑤ the defendant's statement that he had known that he had been using the Internet of this case.

It is so decided as per Disposition for the above reasons.

Judges Kim Sung-jin