모욕등
Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
1. Around October 19, 2016, at the D convenience store located in Seongdong-gu Seoul Metropolitan Government on October 21:5, 2016, the Defendant insultd the victim E (18 years old) by saying, “A victim was able to know by means of sowing solitary, social adaptation, kids, and so on.”
2. The Defendant assaulted the victim by having the entrance be faced with the body of the victim in such a way that the victim E, at the same time and at the same place as the above paragraph 1, open the convenience store entrance and reported the opening of the entrance by fasting the entrance.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. The Defendant and his defense counsel asserted to the effect that he did not speak as stated in paragraph (1) of the crime committed by the Defendant, but the victim’s consistent statement was found to the effect that in relation to the point of assault, the Defendant only closed the convenience store with the knowledge that the victim would have to enter the convenience store and did not have the intent of assault. However, the following circumstances revealed by the evidence duly adopted and investigated by this court were revealed by the evidence, which can be revealed by the court’s duly adopted and investigated, and the Defendant was pushed off by the body of the damaged person. However, even if the Defendant was aware that the victim was entering the convenience store, there was a reason to close the door outside the convenience store.
In light of the fact that the above assault was not seen, and the above assault was committed in the situation where the police officer called out to the site and complied with it, the Defendant had the intent to commit the assault.
Recognized.
All of the above arguments are rejected.
Application of Statutes
1. Article 311 of the Criminal Act in relation to the relevant criminal facts, Article 260(1) of the Criminal Act in relation to the choice of punishment (in relation to insult), and Article 260(1) of the Criminal Act (in relation to violence.