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(영문) 서울북부지방법원 2021.01.21 2020고정1384

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

Defendant 2020

5. 29. 18:40 경 서울 중랑구 B에 있는 C에서 계산원으로 근무하는 피해자 D에게 알 수 없는 이유로 손님 약 10여명 등이 있는 자리에서 “ 미친년, 못된 년, 저런 망할 년, 병신 같은 년, 개 썅 년. 저런 망할 년이 있나.

In a large sense, the victims were openly insultingd.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to D to a police statement protocol (to attach data submitted by a complainant and a recording file) and a recording file CD;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

1. The defendant and defense counsel on the argument of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserts that the defendant's act, such as the statement in the facts charged, constitutes a justifiable act, and thus, is

However, in light of the content and degree of the expression that the defendant used to have a victim and the dispute between the two parties, the defendant's act does not constitute a justifiable act.

Therefore, the above argument is not accepted.

Considering the fact that the economic situation is very difficult as of the reason for sentencing, a fine prescribed in the summary order will be reduced somewhat.