beta
(영문) 광주지방법원 2021.01.13 2020고정981

모욕

Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

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

Reasons

Punishment of the crime

On August 11, 2020, at around 14:20, the Defendant publicly insultingd the victim by openly insulting the victim on the ground that the victim E (here, 47 years of age) who is the above industrial accounting official was unable to properly park the vehicle at the location of the C industrial company located in Gwangju Nam-gu, Gwangju, on August 11, 2020, on the ground that he was unable to park the vehicle.

Summary of Evidence

1. Partial statement of D of the witness E’s legal statement;

1. The police statement statement about E [the defendant did not state the same words as the victim's facts of crime at the time and place recorded on the facts of crime, and the phrase "snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking snicking

According to the evidence of the above, it can be recognized that the defendant made the victim a statement of the same content as the facts constituting an offense, and that the statement was made D at the time (in light of the contents of the horses, it is evident that the statement of facts constituting an offense goes against social norms).

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