Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

피고인은 2014. 06. 29. 22:47경 ㈜넥슨코리아에서 제공하는 인터넷 게임인 “큐플레이(qplay.nexon.com)”에 아이디 “B”로 접속한 후, 채팅세대짱1 채널 186번방의 채팅방에서, 피해자 C(여)이 사용하는 아이디 “D”를 지칭하며 “니애미창년, 애미, 셋트메뉴로 밧줄에 묶어놓고 존나게 패야지, 시발년, 닥쳐”라고 작성하여 공연히 피해자를 모욕한 것을 비롯하여 그때부터 2014. 7. 13.까지 사이에 별지 범죄일람표 기재와 같이 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. All the complaint and statement;

1. Application of Acts and subordinate statutes to an investigation report, investigation report, and C phone statement (in the case of a complainant),

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning the crime;

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

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

1. The defendant asserts that the judgment on the issue of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order does not constitute a crime of insult as the other party is not specified solely by the clinic.

The offense of insult referred to in the crime of insult refers to the expression of an abstract judgment or warning that may undermine the social evaluation of a person, and it is constituted by insulting a certain person or an organization holding character, but not necessarily requires a person’s name to be specified for that specific purpose. Even if a name is not indicated, if it is possible to identify whose name is indicated in light of the surrounding circumstances, the victim may be deemed to have been identified.

The following circumstances acknowledged by the record, namely, ① the victim has been using the ID called “D” from 2013.