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(영문) 서울중앙지방법원 2017.04.26 2017고정144

모욕

Text

Defendant

B shall be punished by a fine of one million won.

Defendant

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

Reasons

Punishment of the crime

1. Defendant B demanded a refund from the victim A (35 years of age) who was an employee at the place where the initial stage of the purchase previously purchased from “D” located in Jung-gu Seoul Metropolitan Government on September 12, 2016, around 18:05, the Defendant requested a refund from the victim A (35 years of age) and the father of the victim’s father “.”

It is why they are sitting or why they are sitting.

In this regard, the victim committed violence on the part of the victim, such as assaulting the victim by hand while playing a horse fighting with his father, flabing the flab, flabing the flab, making it possible for the victim to take down the flab, making the flab of the victim by drinking.

2. The defendant A, at the date and time, at the place specified in paragraph 1, the victim B, as described in paragraph 1, and on the ground that the father of the defendant and the defendant expressed her desire to do so and assault the defendant, the defendant was able to observe the defendant, and he was able to do so with the surrounding merchants of the above shop.

“.....”, “.... the head of the household is unable to carry out funeral services”, and “......”

A bitch bitch bitch bitch, but bitch bitch bitch bitch

Patently insulting the victim, such as “,” etc.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of suspect by some prosecutors against the Defendants

1. Application of the investigative report (CCTV image-related Acts and subordinate statutes), CCTV video CDs, and video major areas;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant B: Article 260(1) of the Criminal Act (Selection of a set-off penalty)

B. Defendant A: Article 311 of the Criminal Act (Optional to the punishment)

1. Defendant A to be suspended of sentence: Fines of 300,000 won;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act, each of the detention in a workhouse;

1. Defendant A suspended sentence: Article 59(1) of the Criminal Act (the crime of this case was committed by Defendant B first due to the early refund problem of Defendant A, exercising the tangible power to Defendant A in advance; Defendant A’s father’s insulting speech was the cause thereof; Defendant A’s age, sexual behavior, environment, circumstances after the crime was committed, etc.