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(영문) 인천지방법원 2019.09.19 2018고단8190

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

피고인은 2018. 8. 6. 17:19경 인천 남동구 B 소재 피고인의 주거지에서 C과 통화를 하던 중 C이 “D(E를 지칭)하고 좋게 지내라 욕하지 마라”라고 하자 “D 이름도 부르기 싫다, 벌레 같은 년, 썅년, 개 같은 년”이라고 욕설하여 공연히 피해자 E를 모욕하였다.

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that “The desire in the judgment is not likely to be disseminated to many and unspecified persons due to the friendship between C and E,” but according to the witness E’s legal statement, E may be recognized as an interpreter at C’s request for interpretation, but it can be recognized that E has attempted to meet or attempt C at his/her request, but there is no special relationship. Therefore, the desire in the judgment is likely to be disseminated to many and unspecified persons.

It is so decided as per Disposition for the above reasons.