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(영문) 서울서부지방법원 2016.06.24 2016고정532
모욕
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On September 27, 2015, at around 22:43, the Defendant used a computer in his own residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to access “C” to the Internet NAV website, and read “C” on the text of the article “D and musical instruments that do not do so (E-sports news).”

In fact, it also puts up a letter stating that "The same year as Hinna and the same year as Hinna, I wish to see while remaining in the Republic of Korea as a malicious artist."

Accordingly, the Defendant insultd the victim E (for example, D).

Summary of Evidence

1. Partial statement of the defendant;

1. The application of Acts and subordinate statutes to investigation reports (the preparation of offenses against the law firmF suspects and the transmission of documentary evidence);

1. Article 311 of the Criminal Act and selection of fines concerning facts constituting an offense;

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

1. The Defendant asserts that the instant comments on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act are not subject to criminal punishment, as a formal public opinion of criticism.

However, the comments on the instant comments, in particular, “the same year” portion is likely to undermine the social evaluation of the personal value of the victim, and constitutes “competing” under Article 311 of the Criminal Act.

It cannot be deemed that a victim’s identity cannot be openly insultingly unfair solely on the ground that the victim is an artist, and the text of the instant case’s criticism that insults the victim cannot be deemed as a formal criticism.

Therefore, we cannot accept the defendant's argument.

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