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(영문) 서울동부지방법원 2018.07.13 2018고정560

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

On November 8, 2017, around 18:24, the Defendant: (a) has access to the company’s website by using a computer in order to change the position of arms contract employed by the Pyeongtaek Seoul Metropolitan Transport Corporation (hereinafter “instant company”) from the subway C’s office of subway 3 located in Jongno-gu Seoul, Seoul where the Defendant works for the Defendant, into regular employees; (b) has illegally occupied the company’s office; and (c) has illegally occupied the company’s office in order to display the reflect of the company’s character on the management department of labor, including the victim D.

- Under the title of “six persons signing a year”, after being elected as the chief of the E-Trade Service Bureau belonging to the above company, the victim was openly insulting by describing the victim under his real name as “D” if a partner who has an interest in the activities of the trade union is anonymously treated with the last letter among the names after making many efforts to become full-time workers of the trade union position belonging to the above company, and by inserting the F’s photograph on the basis thereof, and describing the victim as if the victimized person was a pro-North Korean calendar.

Summary of Evidence

1. Statement made by the police against D;

1. The written complaint (including attached materials) (including the defendant and his defense counsel) states that the defendant's notice was not specified, the victim did not violate social rules, and the defendant did not have an intent to insult. However, in light of the method and content of expression and photograph of the defendant's notice, the victim's intent to identify and insult the victim's specificness and insult is recognized, and the defendant's notice was expressed by an abstract judgment or sacrific sentiment that may undermine the social evaluation of the victim beyond the limits of the public. It does not violate social rules.

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Application of Statutes

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;