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(영문) 수원지방법원 평택지원 2015.10.02 2015고정115

모욕

Text

1. The sentence against the defendant A shall be suspended;

Of the facts charged in the instant case, insultd on March 6, 2013.

Reasons

Punishment of the crime

1. On July 1, 2014, around 13:45, Defendant A, at the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu, the Defendant publicly insultingd the victim D by stating “child-child” from the victim’s victim’s hallways outside the legal corridor No. 413, Seocho-gu Seoul Metropolitan Government, 157 Seoul High Court Library 413.

2. 피고인 B 피고인은 2014. 7. 1. 13:45경 서울 서초구 서초중앙로 157 서울고등법원 서관 413호 법정 밖 복도에서 법정 방청객 등 여러 사람이 듣는 가운데 피해자 D에게 “귓방맹이 맞기 전에 가 이 새끼야, 들어가 이 새끼야, 죽여버릴라 쌍놈의 새끼”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. A complaint;

1. Recordings, recorded CDs [In accordance with the evidence of the board of directors, the Defendants’ act of the Defendants is recognized as lawful act that does not violate the social rules in light of the degree and method of each expression of the Defendants, etc., even if the Defendants’ act is likely to cause insulting speech, in light of the degree and method of each expression of the Defendants, at least 3-4 persons on the part of the Defendants at the place of free access of the general public.

1. Defendants: Article 311 of the Criminal Act; Articles 311 and 311 of the Criminal Act; the choice of fines

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

1. Defendant A of suspended sentence: Punishment of a fine of KRW 300,000, 100,000 for a period of one day converted from the custody in a workhouse, the reasons: Recognizing objective facts, excluding the legal portion, the primary offender, and the victim’s insulting act.