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(영문) 서울남부지방법원 2017.03.31 2016고정2449
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

1. 피고인은 2016. 4. 4. 10:16 경 불 상의 장소에서 피고인이 운영하는 인터넷 블 로그 (B )에 접속하여 그 곳 게시판에, 피해자 C의 설교 동영상을 게시하면서 "D 교회 C 목사의 말씀 변개의 경고- 하나님의 진노를 쌓아 가는 E 성경 사기꾼의 거짓말!! 주님께서 계시록에 토하여 내치리라는 말씀을 쓰셨는데 그 이유를 성경 사기꾼을 보면서 느끼게 된다.

It is close to the appearance that we can see by piling up a fluor's labor to her.

-F read “the victim publicly” and insult the victim.

2. On April 8, 2016, the Defendant, using the Internet at a place in the French, around 01:12, connected to G Kafin Haf-H by Adi I, the clinic J. After posting the victim C’s snow dynamics, the Defendant changed the D church C pastor E and eight months, and the accelerator’s provision. The D church C’s remarks were made eight months prior to the date and the recent change was made.

In the process of speaking, I can easily understand that this person is a sexual intercourse rather than a spirit.

-F read “the victim publicly” and insult the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act and the choice of fines for criminal facts;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is acknowledged as a fact that the defendant prepared a notice as stated in the facts constituting a crime, but this asserts that the illegality is excluded by an expression included within the scope of religious expression permitted under the Constitution or that it does not go against the social norms.

Defamation referred to in the offense of insult is abstract, not to mention facts, which may undermine people's social evaluation.

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