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(영문) 서울북부지방법원 2017.07.06 2017고정1030

모욕

Text

Defendant

B shall be punished by a fine of 50,000 won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

1. Defendant B: (a) around October 21, 2016, at the victim D’s office located in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) around 20 persons engaged in the three-dimensional-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-of-

In a large sense, “the victim was openly insultingd.”

2. 피고인 A 피고인은 제 1 항 기재 일시, 장소에서, 피해자에게 “ 이 사기꾼 아! 돈 내놔! ”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Statement D in the second police interrogation protocol against the defendant B;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 311 of the Criminal Act;

1. The criminal defendant A to be suspended from sentence: Fines of 300,000 won;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Defendant A of suspended sentence: Article 59 (1) of the Criminal Act (i.e., the first offender and the appeal for the wife while recognizing the error);

1. Defendant B of the provisional payment order: Article 334(1) of the Criminal Procedure Act;