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(영문) 부산지방법원 2017.05.18 2016고정3472

모욕

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On June 17, 2016, at around 13:00, the Defendant: (a) around 13:00, at the Busan So-gu C and the third floor; (b) at the same successful bidder and the above restaurant personnel; and (c) the victim D, who was contacted by the Defendant, to be expelled at a meeting of the fraternity, does not speak of the gathering time place" to the Defendant.

If she intends to make the expulsion.

We have ‘Ire Ien' and ‘Ien, I had the victim ‘Ien, Ienh, Ienh, Haoh, Ienh, Haenhhhh, Hahnnhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes on sound recording CDs

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

1. The Defendant asserts that the Defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and the Defendant’s speech and behavior as indicated in its reasoning do not constitute an insulting act, as well as that the Defendant’s speech and behavior are merely an expression somewhat following the victim’s behavior in a situation where the victim gets time due to anti-end and behavior, and thus, it does not constitute an unlawful act as it does not violate social rules.

We examine this.

The offense of insult is established when a person is openly insulting (Article 311 of the Criminal Act), and is a legal interest to protect an external reputation, referring to a social evaluation of the value of a person. Here, insult means expressing an abstract judgment or sacrific sentiment that may undermine the social evaluation of a person without revealing the fact.

In addition, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim, so the external reputation of the victim is practically infringed.