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(영문) 서울중앙지방법원 2018.08.21 2018고정791

모욕

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is an operator of the C Sports Center located in the Seocho-gu Seoul Metropolitan Government apartment complex B, and the victim D (n, 46 years old) is a person operating a screen golf course (E) within the above center.

Two persons had the right to operate a flat golf course and there was no dispute, and there was no good appraisal.

피고인은 2017. 9. 5경 위 스크린 골프장 사업장에서 성명 불상 회원들이 있는 자리에서 피해자와 위와 같은 문제로 언쟁을 하던 중, 피해자에게 " 이런 미친년 같은 게, 이거 완전 정신병자네, 이거 완전 똘 아이네 "라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F, G, and H;

1. Each police statement made to D or F;

1. Complaint;

1. F Fact-finding certificates, G fact-finding certificates, and H fact-finding certificates;

1. Application of the Acts and subordinate statutes on CDs in which the situation was recorded;

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

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.