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(영문) 서울중앙지방법원 2018.08.29 2018고정1422
모욕
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who uses “htp” in the daily bend (htp://tilbe.com) as an Internet community site.

around 04:00 on February 2, 2018, the Defendant connected the Gangnam-gu Seoul Metropolitan Government D Building, and the Internet community website, “C” under Article 402, and posted on the bulletin board “E” on the bulletin board, thereby openly insulting the victim G.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the statement made to G by the police;

1. Efagical closure photographs and closure photographs of the suspect's writing on the suspect's writing;

1. Search and seizure inspection warrant, replys, and allergic data;

1. Application of the G Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant knows that the posted photograph is a synthetic work photograph, and did not have any intent to insult the victim.

2. Determination

A. 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 the offense of insult refers to the expression of an abstract judgment or sacrific sentiment that may undermine a person’s social evaluation without indicating any fact (see, e.g., Supreme Court Decision 2015Do2229, Sept. 10, 2015). (b) According to the evidence duly adopted and duly examined by the court, the victim’s photograph posted on the “daily” website refers to the victim’s photograph posted on the upper half of the body and the body part of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the victim.

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