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(영문) 서울중앙지방법원 2018.07.05 2018고정584

모욕등

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The Defendant: (a) around 16:00 on June 8, 2016, at around 16:00, the victim E (V, 60 years of age) around the third floor D in Gangnam-gu Seoul Metropolitan Government 3rd floor D causing the Defendant to keep the documents of return to rural

“For the reason that the Defendant told, the victim’s face was blicked once a voyage, and assaulted.

Summary of Evidence

1. Statement made by the police for E;

1. Complaint;

1. A copy of the F Statement;

1. Application of Acts and subordinate statutes to a investigation report (verification of CCTV images in the case);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is merely a passive defense of the victim's wrongful attack, and thus, the defendant's above act constitutes a legitimate act that does not violate social rules or a legitimate defense that constitutes a legitimate defense.

However, in full view of all the circumstances such as the motive and circumstance of the Defendant’s assault against the victim and the situation before and after the assault, it is reasonable to deem that the Defendant’s above act constituted an active attack against the victim not by exceeding the victim’s improper attack or by doing so, but by doing so. Thus, it cannot be deemed that it constitutes a legitimate defense or a legitimate act (see Supreme Court Decision 2003Do4934, Jun. 25, 2004, etc.). Therefore, the above assertion by the Defendant and the defense counsel is without merit.

Rejection of Public Prosecution

1. The summary of the facts charged is that the victim E before the Gangnam-gu Seoul Metropolitan Government 3rd floor D around June 16, 2016, around 16:00, the Defendant released the documents to return to rural communities.

“For the reasons that the victim said, the victim publicly insultingd the victim by “the victim of the year, the year, the year, the year in which the victim had not come to the end, the two years, and the year in which the victim would be able to take a large interest.”

2. The above facts charged constitute Article 311 of the Criminal Act.