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(영문) 수원지방법원 2018.02.08 2017고정3002

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 2017. 4. 2. 10:10 경 수원시 권선구 C에 있는 ‘D’ 노동조합 사무실에서, E, F, G, H 등 D 직원이 있는 자리에서 조합장인 피해자 I와 대의원선거 절차에 대하여 서로 다투던 중 화가 나 피해자에게 ‘ 야 씹새끼야, 개새끼야, 똘마니들 교육 잘 해라!

The victim publicly insultingd the victim by referring to “the expression.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I and E;

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

1. Complaint;

1. Recording records;

1. Each investigation report (the defendant and his defense counsel asserts to the effect that the defendant's act constitutes a justifiable act that does not violate social rules, since E, who is a victim, takes a serious bath to the defendant and has the victim take a bath in the process corresponding thereto.

However, according to the evidence duly adopted and examined by this court, the defendant seems to have expressed a desire to the victim who did not wish to do so to himself/herself, as stated in the crime.

In light of these circumstances, the above argument alone does not constitute a justifiable act that does not violate the social norms.

We do not accept the above argument.

Application of Statutes

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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