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(영문) 서울중앙지방법원 2017.10.17 2017고정1312

모욕

Text

Defendant

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A like B, as a mother and child, was operating a “E cafeteria” in Franco in Seocho-gu Seoul Metropolitan Government D.

1. On November 15, 2016, at around 16:00, Defendant A introduced the victim F as the head of the Office of Management and Finding the victim F, and Defendant A has filed a civil petition from other companies due to E-cafeterias that do not observe business hours, and Defendant A has a defect in his/her self-regulation, and several persons working at Pucoke have been heard, and “I are well recorded and recorded;”

The bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch bitch bitch 9 cc, so this bitch bitch bitch bitch bitch bitch bitch bitch

The victim openly insultingd the victim by referring to a large sound called "Ivoking Havok".

2. On November 15, 2016, Defendant B, at the above restaurant around 16:00, the Defendant publicly insultingd the victim on the ground that, on the same grounds as the above paragraph 1, several persons working in a food ccoke were heard, Defendant B said that “In anywhere, the head of the management office is the manager and the head of the management office is the manager, and the victim is the manager and the victim is the manager at a lower level.”

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness F;

1. In light of the motive and content of the act of interference with the victim’s business, the Defendants’ act constitutes a justifiable act, as it was committed in the process of responding to the acts of interference with the victim’s business. However, in light of the background leading up to the commission of the crime, the language and content expressed by the Defendants, etc., it is difficult to deem that the Defendants’ act constitutes a justifiable act that does not contravene the social norms.

Therefore, the above assertion by the Defendants and the defense counsel cannot be accepted.

Application of Statutes

1. The Defendants are entitled to pertinent legal provisions on criminal facts and the choice of punishment: Article 311 of the Criminal Act (Selection of Penalty).

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