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(영문) 인천지방법원 부천지원 2016.07.22 2016고정718
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant access to the Internet around 01:09 around AD, and called “D” on the E-site free bulletin board that “each other person think of the Fthm Twitter,” with respect to the Victim G, the same is applicable to the Defendant.

ㅋㅋㅋㅋㅋ 피드백 엄청 빠름“ 이라고 게시한 글에 " ㅋㅋㅋ 븅신같 노" 라는 댓 글을 게시하여 공연히 위 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Data for the closure of a course;

1. Determination on the Defendant’s assertion of the investigation report (specific as the suspect)

1. It is true that the Defendant alleged the Defendant posted comments on the same comments as the facts charged in relation to the Victim G. However, ① The comments posted by the Defendant do not express the intent of destroying the victim’s individual, but criticizes the Defendant’s Nitt of the victim’s creation. ② The contents of the comments posted by the Defendant do not objectively constitute expressions that undermine the social evaluation of the victim’s personal value, and thus, the offense of insult is not established.

The Defendant posted comments on comments in order to criticize the Defendant’s posting of the web titing that the Defendant created a large number of web tits by the Defendant. As such, the Defendant’s act is for the public interest, and the Defendant’s act is a justifiable act under Article 20 of the Criminal Act, and thus, the illegality is excluded.

2. The offense of insult under Article 311 of the Criminal Act is an offense that protects an external reputation, which means a social evaluation of a person’s value, and refers to the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation, without indicating any fact (see Supreme Court Decisions 87Do739, May 12, 1987; 2003Do3972, Nov. 28, 2003). According to the evidence submitted, ① The person without a name is “F.” on the bulletin board of the E-site’s freedom.

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