사이버 모욕죄와 관련한 헌법재판소 2007헌마461호 결정의 타당성 검토

On June 26, 2008, the Constitutional Court of Korea made 2007Hun-Ma461 decision. In this decision, the Constituional Court made a conclusion that, in the case of cyber-insult, the accused will not be punished unless the accuser can be found and determined only by the insulting sentence itself. But the decision is not right because it does not consider the distinction of legal principle between cyber-insult and cyber-defamation. It also confuses the concept of finding the victim. There is no possibility to know the identity of the victim only by the insulting sentence. So it is impossible to bring justice to the cyber-insulters if we keep this Constitutional Court's decision valid. But there are so many insult cases in the cyber world and the necessity of proper punishment is increasing. In the cyber world, the ID is the pseudonym of the owner and works just like the real name does in the real world. So on the cyber-insulting cases, the owner of the ID is the victim. If we give the internet ID the same status as the real name, there is no need for additional discussion on identifying the victim. It is not logical to distinguish the role of a real name from that of an internet ID. Therefore, the current decision of the Constitutional Court must be changed.