beta
Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On March 22, 2014, around 14:42, the Defendant had access to www. Ppompu.com with the separate name “D” in a separate name “G” written by the victim E on the U.S. bulletin board of the U.S. forum.
“.......” comments on comments.
From that time until 14:49 of the same day, the Defendant openly insultd the victims by comparing the above comments on six separate names written by the damaged person in “F” on the bulletin board respectively.
2. Determination
A. The protection of the legal interest of the offense of insult is the so-called external reputation, which is a social evaluation of the value of a person. A person who is the subject of honor requires a specific person, but does not necessarily require a person to express his/her name.
An expressive act without a person’s name also constitutes a crime of insult against a specific person in a case where it is possible to find out which person is given a certain person based on a comprehensive judgment based on the surrounding circumstances and the contents of the expression (see Supreme Court Decision 2000Da50213, May 10, 2002). However, even if only the victim’s Internet ID is recognizable, it is difficult to find out who is a person with such Internet ID even if taking into account the victim’s Internet ID and other surrounding circumstances, and in a case where there is no other evidence to see it, the victim was identified as a victim of the crime of insult.
As such, the offense of insult against a specific person is not established (see Constitutional Court Decision 2007Hun-Ma461, Jun. 26, 2008; Constitutional Court Decision 2007Hun-Ma461, Jun. 26, 2008). (b) In light of the following circumstances, each comments on the facts charged have impaired the victim’s external reputation, in light of the following circumstances, which can be recognized by the evidence submitted by the prosecutor, and the evidence submitted by the Defendant:
It is difficult to see it.
① www.ppomppu .com 은 소위 ‘ 뽐뿌’ 라는 유명사이트로서 회원 수가...