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(영문) 서울중앙지방법원 2015.08.13 2015고정1715
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a pastor of the Gangnam-gu Seoul Metropolitan Government D’s “Ecom Association.”

The head of the F church, around March 201, 30 members of the F church, filed a complaint with the prosecution about H pastors, etc. on or around September 201, and requested the Fembars Ethics Committee of the Fembars Association to conduct a fact-finding on August 2013.

In relation to this, the Defendant posted the advertisement “L” on the International East Asia A26 pages 126, JJ Chosun, and Ker National Day General 2 pages, and included “L” as a false distribution of false facts as a result of the fact-finding investigation, and fake document. This provision inserted “The case of accusation by H H H H H H is a false distribution of false facts and fake document. This is the map of the force that interferes with and makes it possible to interfere with the interest of the South-North Korea Association and divide into the Republic of Korea.” The above “G” as “propon of the North Korea Island,” thereby openly insulting the victim M and the victim N, who is the head of the said “G” to which he belongs.

Summary of Evidence

1. The police statement of M;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (specific relation of the victim), a report on investigation (a written request for investigation of the complainant, etc.);

1. Article 311 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant's act constitutes a legitimate act in light of the following: (a) the defendant's act is alleged to the purport that the defendant's act constitutes a legitimate act in light of the background leading up to G's act, accusation or fact-finding request; (b) the prosecutor's investigation result and its result; (c) the relation between the defendant and H pastor; and the motive leading up to the defendant's advertisement in this case and the expression of the above advertisement; (d) however, in light of the defendant's motive, circumstance and time during which the advertisement in this case was published; (e) the content and time of the above advertisement; and

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