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(영문) 서울북부지방법원 2018.12.21 2018고정354

모욕

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

On August 26, 2017, around 22:30 on August 26, 2017, the Defendant expressed the victim C’s desire to “C,” and continued to be “the victim D’s “the day of death in the year,” and “the day of death in the country,” and “the day of death in the country,” in which there are about 10 neighboring residents in the front of the office of the Defendant in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Summary of Evidence

1. Each legal statement of C, B, D, F, G, and H;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police against C;

1. Application of H’s investigative reporting statutes

1. Article 311 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing public prosecution under Article 334 (1) of the Criminal Procedure Act (victim B);

1. On August 26, 2017, at around 22:30 on August 26, 2017, the summary of the facts charged: (a) the Defendant expressed the victim B’s desire to be “CalB” and “Death Year” to the victim B in the front of the Defendant’s house, Gangnam-gu Seoul Northern District E, with approximately 10 neighbors’s residents.

2. The facts charged in this part of the judgment are the crimes falling under Article 311 of the Criminal Act, and may be prosecuted only upon the complaint of the victim under Article 312(1) of the Criminal Act.

In this regard, the victim B appeared in this court and expressed his intention not to be punished.

3. According to the conclusion, the prosecution against this part is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.