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(영문) 부산지방법원 동부지원 2018.01.25 2017고정864
모욕
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who uses the ID called Adi B at the SNS Twitter website.

1. On September 9, 2015, at a place where a large number of unspecified people could not be known, the Defendant publicly insultingd the victim C by inserting “D’s Twitter bottle” by openly inserting it to the victim C.

2. On September 13, 2015, around 12:54, the Defendant connected the twitter in the same manner as the foregoing “A” and posted the “D twits” to the victim C, other than the instant E (NAF).

3. On September 25, 2015, around 13:16, the Defendant connected the twitter in the same manner as the above “A” and sent the victim C a letter “I” posted on the Twitter by the outside of the instant case G (K: H) to the victim C, thereby openly insulting the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act, the choice of punishment, and the choice of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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