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(영문) 대구지방법원 2016.04.08 2015고정2785
모욕
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant, as a graduate of C University, is working in D professor Research Institute in the pertinent university, and the victim E is a professor of the said university, who has recently been on the part of the Korean Federation of total students, part of the faculty, and the part of the school, with respect to the conflict between the two professors, who are proceeding from February 2015 to the F professor.

1. On March 18, 2015, the Defendant posted a letter “I”, which was put on the Defendant’s Pins North Korea account, at the C University located in Busan Metropolitan City on March 13:53, 2015, which was managed by the Defendant’s Pins North Korea Emergency Countermeasures Committee of the Korean Federation of the C University (H), to the North Korea account, “I”, the Defendant insulting the victim by openly expressing the victim’s name in bad faith with the Defendant’s name.

2. On May 14, 2015, the Defendant: (a) accessed the North Korean account managed by the Emergency Countermeasure Committee of the Korean Federation of C University in the same manner at around 10:38, at the same place; and (b) caused by the accusation of the J professor, the Daegu District Court in violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) by the J professor’s complaint that caused the victim to take the victim’s interest from the process of trial at the appellate court; and (c) caused the victim to take the victim’s interest to go against the J professor’s position.

De He made comments on the comments "HaHaHaHaHaHa" and made a patent insultd the victim.

Summary of Evidence

1. Statement made by the police for E;

1. A complaint;

1. Defendant’s writing on the North Korean page ( March 18, 2015);

1. Defendant's answer to North Korea ( May 14, 2015);

1. Application of Acts and subordinate statutes to the details of the written correspondence of the complainant, the written correspondence of the defendant, and the details of the written answer by the defendant;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment.

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