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(영문) 제주지방법원 2018.10.17 2018고정134

모욕

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the mother of C (n, 12 years old) in the sixth grade of elementary school B, and the victim D (n, 12 years old) is a half-year student such as C.

The Defendant reported school violence related to C to the son, and had an interview with the son.

In order to hear the word "" and to reach a school principal around 07:50 on September 12, 2017, the victim was found who had attended the school principal in front of the school’s sentiments while going to the school principal B, and the school principal is deemed to have attended the school principal E and the victim “in anywhere the school principal is a student;

Along with the same calendar year of p.m., internal medicine was well known, and the same year of galle, and the fact that galle is the same year of galle, galle, and galle, were known, thereby openly insulting the victim.

Summary of Evidence

1. Application of the respective legal statements of witnesses D and E to the Acts and subordinate statutes;

1. Relevant legal provisions and choice of punishment concerning facts constituting a crime: Article 311 of the Criminal Act; Selection of a fine;

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

1. A provisional payment order: Article 334(1) of the Criminal Procedure Act (the defendant and his defense counsel asserts to the effect that even if the defendant's statement constitutes insulting expressions, illegality shall be avoided as a justifiable act.

However, considering all the circumstances, such as the contents, time and place of the defendant's statement, circumstances, and age of the victim, it is difficult to view that the expression of the defendant's decision is an act that does not contravene social norms.

We do not accept the above argument.