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(영문) 서울북부지방법원 2013.11.25 2013고정2681

모욕

Text

Defendant

A A shall be punished by a fine of KRW 700,000 and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. At around 17:39 on May 12, 2013, the Defendant publicly insultingd the victim E by referring to the victim E as “Apulpted spawn, pawn, spawn, and spawn, who are only aware of the age of mackn, including the spawn spawn, and spawn spawn,” while the Defendant’s club fees were heardd.

나. 피고인은 2013. 5. 15. 15:23경 위 주차장에서, 같은 회사 동료들이 듣고 있는 가운데 피해자 E에게 “쥐새끼가 앞에서 어른어른거리네.”, “뭘 봐 이 쥐새끼야”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

2. Defendant B: (a) around 17:20 on June 20, 2013, around 17:20

At the port parking lots, the victim E (the age of 67) who was not good between the two people and the victim of the Sivia who was fried, assaulted the victim by keeping the chest part of the victim from his head several times.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. The investigation report (as regards F and G statements):

1. Recording records;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 311 of the Criminal Act;

B. Defendant B: Article 260(1) of the Criminal Act (Selection of Fine)

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

1. Defendants of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act

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