The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant was a person using the “C” in the Internet game B, and the victim D(27 years of age) was a person using the “E” in the said Internet game. The victim was aware that he/she was a field character with no more than 10 persons in the said Internet game, and that 72 persons in the original family unit in the game to which the victim belongs used the “E” as an clinic.

On March 16, 2016, at around 22:00, the Defendant had access to the said B game and posted the phrase “E is a person who has access to the said game, and is still satisfying and raising the Flafy and still raising the Flaf test” in an open hosting which can be seen by anyone if he or she had access to the said game.

Accordingly, the Defendant publicly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. As the Defendant’s act was committed in the process of declaring that the act was unreasonable at the time of the victim’s act, the Defendant’s act is deemed unlawful as a justifiable act. However, as long as the Defendant puts out the same article as the criminal facts in the game room in which many people participate, even if legitimacy of its purpose is recognized in light of the motive and background leading up to such writing, the Defendant’s act does not constitute a justifiable act in full view of the following: (a) the content and degree of the insulting expression as indicated in such article does not have reasonableness of the means or method of such expressive act; and (b) the Defendant’s act does not constitute a justifiable act.

The defendant's assertion is rejected.

Application of Statutes

1. Relevant Article 366 of the Criminal Act and Selection of Penalty concerning the Crime. Article 366 (Selection of Fine)

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The fact that the suspended sentence recognizes the crime of Article 59(1) of the Criminal Act and reflects it, and there is no record of criminal punishment.