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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person using BAD “C” and the victim D was a person who was a representative within the E Party.
On May 12, 2019, the Defendant publicly insultingd the victim by posting comments on whether “GG” was discharged by using Baldi “C” in the article of “GG”, which was written by the “F” within the ingic library located in Pyeongtaek-si, 95-25-ro, i.e., the stability of Pyeongtaek-si, Pyeongtaek-si, 15-25.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of police statement to the IJ;
1. Investigation report (specific suspect);
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act
1. Although the Defendant posted a letter written in the facts charged of this case, the Defendant merely posted comments on the comments made to criticize the victim’s pro-Japanese behavior, even if such expressions are somewhat unreasonable or indecent, it does not constitute a crime of insult. ② Even if such expressions constitute the elements of the crime of insult, illegality is dismissed as a justifiable act that does not violate the social rules even if such expressions constitute the elements of the crime of insult.
2. Determination
A. The crime of insult is established when a person is openly insulting (see Article 311 of the Criminal Act and Article 311 of the Social Evaluation of Human Value). The legal interest of the offense of insult is an external reputation, which means a social evaluation of human value, and “definite” refers to the expression of an abstract judgment or a disfinite sentiment, which does not indicate facts, that may undermine people’s social evaluation.
In addition, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that could undermine the external reputation of the victim, so the external reputation of the victim is practically infringed or specificly infringed.