Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On June 8, 2016, around 09:41, the Defendant had access to “D” at one’s own house located in Chungcheongnambuk-gun A apartment 305, by means of a computer to the Internet community “D”, and had the victim F’s photograph posted by a person not using “E” and “G” attached to the victim F’s screen. The Defendant publicly insulting the victim in a way that the victim can be seen as soon as bitched within this bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits of bits.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Notices on the posting of a list repository for a daily newspaper and materials on comments;

1. Application of each seizure and verification warrant and reply statute;

1. Relevant Article of the Criminal Act and Article 311 of the Criminal Act concerning the crime. Article 311 (Selection of Penalty Penalty)

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

1. Whether the offense of insult under Article 334(1) of the Criminal Procedure Act is recognized or not;

1. The defendant and his defense counsel argued to the effect that they did not have a criminal intent of insult although they written comments on the facts of crime.

2. The offense of insult of the relevant legal doctrine is established when a person is openly insulting. The legal interest is to protect the external reputation, which means a social evaluation of the value of a person. Here, the term “competing” refers to expressing an abstract judgment or sacrific sentiment that may undermine the social assessment of a person without indicating any fact (Supreme Court Decision 2016Do9674 Decided October 13, 2016). 3. In light of the foregoing legal doctrine, the instant case was examined, and the Defendant reported to the military unit, “The Defendant reported that it is inappropriate for the victim to post a photograph worn and photographed by the victim on SNS” and the victim’s photograph on the Internet bulletin board attached to the victim’s photograph.