(영문) 창원지방법원 2016.9.21. 선고 2016고정585 판결

The Defendant, as a space between C and South Korea, who is the wife of the victim B (Nam, 32 years of age), had flicked sexual violence from C, had flicked with the victim, and had expressed comments on the victim’s life glickg with the desire to put the comments.

1. Defluence;

피고인은 2015. 6.경 어느 곳에서 스마트폰을 이용하여 피해자가 사용하는 인스타그램에 접속하여 피해자의 아기 사진 또는 가족 여행을 다녀온 글 밑에 '씨발 개존못 1), ""가족단체로 얼굴 개빻았네.2)"라는 댓글을 게시하여 인스타그램을 찾는 피해자의 가족 및 지인들이 이를 볼 수 있게 함으로써 공연히 피해자를 모욕하였다.

2. Intimidation;

The Defendant, at the same time and place as set forth in paragraph (1), visited the victim’s personal data program in the same manner as above and threatened the victim with intimidation and/or family travel under the text “the victim’s family member who died in the truth.”, “D apartment 108 dong 301, 301, and Madern Madern 108 dong 301, Madern Madern . . . . Madern . . ..”, thereby threatening the victim, etc., by posting comments on “the victim’s family member who died in the truth.”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Complaint and each investigation report;

Application of Statutes

1. Article applicable to criminal facts;

Article 311 of the Criminal Act and Article 283(1) of the Criminal Act (the point of intimidation)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;