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(영문) 인천지방법원 2020.02.11 2019고정2539

모욕

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant was a person who operates a interest car, and there was a parking cost within the agricultural product wholesale market in the victim B and the Gu monthly agricultural product.

On June 25, 2019, the Defendant: (a) around 15:30 on June 25, 2019, at the southdong-gu Incheon Metropolitan City, and around the 671st place in the open port, the Defendant got off the defective vehicles on the side of the open port; (b) on the ground that the vehicle could not be deducted; and (c) on the ground that one-way traffic was returned, the Defendant publicly insulting the victim at a place where many unspecified persons, who view the market “A child fews age, fews, and so on.”

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Application of the Acts and subordinate statutes to black stuffs images;

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the same Act provides that a victim may have made a statement as stated in the facts charged, but the victim’s performance is not recognized, and thus does not constitute an offense of insult. The insult as stated in the offense of insult is an expression of an abstract judgment or a sacrific sentiment that may undermine the people’s social evaluation without mentioning facts (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003). In addition, “public performance” in the offense of insult refers to the state in which an unspecified person or multiple persons can be recognized, as in the case of defamation (see, e.g., Supreme Court Decision 2018Do4200, Jun. 15, 2018). In light of the foregoing legal doctrine, this Court duly adopted and investigated the following circumstances, namely, the victim’s expression or abstract evaluation is sufficient.