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대구지방법원 2019.02.26 2018고정1135
모욕
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a member of the “C Association Promotion Committee” in Daegu Jung-gu, and is the member of the “D” Internet community (hereinafter “D”) established to resolve issues arising in relation to the said “C Association Promotion Committee,” and the victim E is the chairperson of the “C Association Promotion Committee.”

The Defendant did not seem to have the “C Association” established, and as members were unable to refund the contributions paid for the establishment of a housing association, the Defendant had a sense of reflection on the victim’s thought that the victim did not assume responsibility as the chairperson.

1. On January 31, 2018, the Defendant posted a notice on the instant Internet bulletin board that read approximately 220 members using smartphones in the Defendant’s residence located in Daegu-gu, Daegu-gu, as “I see that the crime is visible to a house with a sense of arche”.

2. Around February 13, 2018, the Defendant posted a letter, “C 220 members of the instant Internet bulletin board, where 220 members can read using smartphones at the said Defendant’s residence,” referring to the victim E and posted the letter, “C 200 members of the instant Internet bulletin board.”

Accordingly, the Defendant publicly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a closed screen;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

The defendant does not reflect his wrongness at all and this Court.