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(영문) 서울동부지방법원 2014.09.03 2014고정424

모욕등

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

1. On April 19, 2013, the Defendant: (a) around 12:30 on April 19, 2013, the Defendant destroyed the mobile phone owned by the victim so that the cost of repair would be KRW 120,000,00,000,00,000,000,000,000,000,000,000 won.

2. Definating;

가. 피고인은 2013. 8. 30. 20:00경 위 아파트 101동 3~7호 라인 1층 엘리베이터 앞에서, 아파트 주민 E가 있는 가운데 피해자 D에게 ‘당신은 아파트와 주민의 적입니다, 어떻게 5,600만 원을 청구하고 얼굴을 들고 뻔뻔하게 다닙니까’라고 말하여 공연히 피해자를 모욕하였다.

B. At around 20:00 on October 17, 2013, the Defendant openly insulting the victim by stating that the fingers in front of the above apartment, among the apartment residents F, would go to the head of the apartment, and read the victim D as “pata, ra, and Kara”.

Summary of Evidence

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

1. The statement of each part of the police suspect examination protocol against the defendant;

1. Written and written estimate;

1. Application of Acts and subordinate statutes to the recycling of photographs and USB video files;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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