Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2019. 3. 21. 18:04 경 불상지에서 1990년 대생 B 회원인 C, D, E 등 10명이 있는 카카오 톡 채팅 방에서, 피해자 F( 여, 26세 )에 대해 “ 껄떡 보 단, 애가 좀 가벼워서 좆의 숙주들이 만만하게 봄” 이라고 메시지를 보내
In addition, the crime committed on March 21, 2019, which was recorded 14 times in total, as shown in the list of offenses from March 21, 2019 to May 23, 2019, is not included in the list of offenses.
In the past, the victim was insulting.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the police suspect interrogation protocol against the accused (No. 42 No. 1)
1. Statement made by the police with regard to F;
1. G's term-certification (No. 25 times a moment);
1. A complaint; 2 others; and 3 others;
1. The details of conversations between the head of the additional complaint 5 and the B male Kakao Stockholm conference (No. 13 times a moment);
1. Details of conversations between the Kakao Stockholm, No. 19, Kakao Stockholm, No. 32, No. 6 of the No. 19, and the Kakao Stockholm group dialogues;
1. Application of Acts and subordinate statutes to a criminal investigation report (including the process of becoming aware of the fact that the complainant was insulting), F’s self-written statement (No. 51 times a year), investigation report (related to the date on which the complainant becomes aware of the criminal and e-mail attachment) (No. 54 times a year);
1. Relevant Article 311 of the Criminal Act and the choice of fines for criminal facts;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument is consistent with the Defendant’s posting of a message to a group hosting room as indicated in the facts charged of the instant case, but this was merely a mixture of the same motive as the method of flat dialogue and was not intended to insult the victim. In full view of the entire message listed in the above group hosting room, it was not intended to insult the victim.