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(영문) 서울중앙지방법원 2018.05.08 2017고정3638

모욕

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 15:09 on August 21, 2017, the Defendant publicly insulting the Victim G by making the victim’s desire to read “F and many members of the center for senior citizens,” without any justifiable reason, at the place where the instructor F and many members of the center for senior citizens are kept in the class of the class at Jongno-gu Seoul Metropolitan Government (E center for senior citizens), such as “F and many members of the center for senior citizens, I am going to know that I will see this year, two years, and NI am to am,” and “I am to am to am to am to am to am to am to the same day,” and “I am to am to am to am to am to am to am to am to the victim,” and “I am to am to am to am to am to am to am to the victim and to am to am to the victim.”

Summary of Evidence

1. Each legal statement of C, G, and H;

1. Statement by the police with respect to C (including the part of the statement by the G and H);

1. Complaint;

1. Each investigation report (to verify the video conversations of a witness, F. CCTV inside a senior citizen center) and the application of statutes;

1. Relevant Article 311 of the Criminal Act, the choice of punishment, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. 공소사실의 요지 피고인은 2017. 8. 21. 15:35 경 서울 종로구 D에 있는 ‘E 경로당 ’에서 피해자 C이 앉아 있던 의자를 발로 차 피해 자로부터 항의를 받자 피해자에게 삿대질을 하며 ‘ 내가 언제 발로 찼냐

Nythly sees

In other words, the victim was openly insulting by Ra's words "the age level".

2. The offense of insult under Article 311 of the Criminal Act is outside the meaning of social evaluation of the value of a person.