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(영문) 청주지방법원 영동지원 2018.03.15 2017고정48

모욕등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a member of the Daejeonbuk Branch C Branch C (hereinafter referred to as the “TMM C Branch”) affiliated with the Korean Metal Trade Union, and the victim D(65) is a F Co., Ltd. F Co., Ltd. (hereinafter referred to as the “Company”) affiliated with Chungcheongbuk E (hereinafter referred to as the “Company”).

1. On December 15, 2016, the Defendant: (a) committed assault on the part of the victim’s head with his friend part, one time, while blocking the victim from entering the court’s office building in order to attend as a witness in relation to the above support case 2014, 71, 2015, 179, 2015, 179, the Defendant, at the time of being tried as the Defendant’s status, at the Cheongju District Court support parking lot located in 99, Cheongju-dong, Young-dong, Young-dong, Young-dong, Young-dong, Young-dong, Chungcheongnam-dong, Chungcheongnam-dong, Dong-dong, and, without any particular reason, committed assault

2. The Defendant abused the victim at the same time and place as described in paragraph 1, as above, and 20 staff members and three staff members accompanying the victim, including the victim, who assaulted the victim at around the same time and place as described in paragraph 1, i.e., “m.s.s.s.s.s.s.s.s.s.

In this regard, the victim publicly insultingd the victim by referring to “this arbitr”.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G and H;

1. A certificate No. 2 (hereinafter referred to as "video CD");

1. Application of Acts and subordinate statutes in written indictment to cases, such as subparagraph 2076 of the punishment of 2013, among 12 copies of written judgment and two copies of indictment;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult), and the selection of each fine for a crime;

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

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

4. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument was that the Defendant did not assault the victim upon the victim’s her head on a one-time basis.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant’s criminal facts No. 1.