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(영문) 서울남부지방법원 2016.10.26 2016고정1914
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is 27 students who received book-keeping education from “C” (hereinafter referred to as “C”) operated by the Victim B.

The Defendant’s room of SNS Kakao Stockholm Group containing nine students of book-mar education:

1. 2016. 1. 27. 23:50경 “7조에 책쓰기 과정 내 C에 올린 게시글과 덧글은 지우지 않는 걸로 한다. 1,415만 원에서 950만 원 차액을 지불한다ㅋㅋ 진짜 사기꾼들이다.”

2. Around 9:03 on January 28, 2016, “I think I will not think I will her own mental health and impule gue.”

3. around 9:06 on January 28, 2016, “Woo Y YY YY YY YYYY YYYYYY YYYYYYYYYY

4. On January 28, 2016, around 16:33, the victim publicly insultingd the victim by posting a letter “brupted one’s own fraud”.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement concerning B;

1. The defendant asserted to the effect that "the defendant submitted evidence [the defendant's act was committed in the SNS Kakao Stockholm's room without performance, and the defendant's act was committed in the process of knowing that the defendant's act was unreasonable at the time of the victim's act, and thus, the defendant's act is justified as a legitimate act." However, the following circumstances acknowledged by the evidence of the court below are as follows: since the defendant puts out the same article as the facts constituting a crime in the SNS Kakao Stockholm's room where many people can participate, so long as multiple people can recognize the defendant's writing, the defendant's performance is recognized, and even if the defendant's legitimacy is recognized in light of the motive and circumstances in which the above article was written, considering the contents and degree of insulting expression, the defendant's act does not constitute a legitimate act, and thus the defendant's assertion is not accepted, and the defendant's act is not accepted.]

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