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(영문) 청주지방법원 영동지원 2016.09.01 2015고정34

모욕

Text

Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants are members of the Daejeon North Korea Branch E-dong Branch E (hereinafter referred to as the “MMMMM”) affiliated with E Co., Ltd. (hereinafter referred to as the “E”) production workers in Youngdong Factory as a branch affiliated with the National Metal Trade Union, which is an industrial trade union at a nationwide level.

On August 27, 2014, at around 13:53, the Defendants conspired to post a banner stating the phrase “human garbage not re-exploded by labor-helping crimes” on the building in the guard room of the Edong factory located in the Youngdong-gun F of Chungcheongbuk-gun, and publicly insulting the victim G, the factory head of the above Youngdong-gun, by posting it on the upper part of the above guard room building.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Photographs attached to a complaint prepared by G;

1. Application of the statutes governing field photographs and CCTV images CDs;

1. Article 311 of the Criminal Act and Articles 311 and 30 of the same Act concerning the applicable criminal facts and the choice of punishment;

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

3. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. Although the gist of the assertion was that the Defendants posted a banner stating the phrases written in the instant facts charged with G with respect to G, the Defendants’ act constitutes a legitimate industrial action and thus is not unlawful.

2. However, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendants’ act cannot be deemed unlawful as it does not contravene social norms.

The Defendants and defense counsel’s arguments are not accepted.

(a) The term “human garbage” means a prior expression from the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time;

In addition, when considering that the phrase “human garbage which is not refeasible” written in the instant banner is entirely written, it shall be deemed that the phrase “human garbage which is not refasible.”