(영문) 서울동부지방법원 2018.10.23 2018고정761

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(영문) 서울동부지방법원 2018.10.23 2018고정761

모욕

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a taxi engineer working in the "C", and the victim D works for the same company as the head of the ship management department.

On March 9, 2018, around 17:33, 2018, the Defendant raised a complaint against the boarding of the victim in the presence of the taxi driver F, etc. in the C's vehicle room located in Gangdong-gu Seoul, Gangdong-gu, Seoul, against the Defendant, and the Defendant “I am this son. I am this son. N. N. L. son.

I would like to see the difference between the head of the Gu and the head of the Gu, who may be seen as the difference between the head of Sinson.

The victim openly insultinged bitch bitch bitch bitch bitch bitch bitch.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of investigation report (verification of F counterpart Contempt) Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70(1) and 69(2) of the Criminal Act concerning the confinement of a workhouse (the defendant and his defense counsel did not speak as to the facts constituting the crime of this case)

However, in full view of the fact that the statements of the victim, the statements of witnesses, etc. are consistent, and that the defendant and the victim have been made in a situation where the dispute has considerably occurred at the time, the above assertion is without merit.

The sentence shall be determined as ordered by taking into account the sentencing conditions set forth in the trial of this case, such as the fact that the defendant had no record of criminal punishment for the same crime, the defendant's non-party status was unfairly treated on the ground of the defendant's above-mentioned activity, which resulted in this case in the process of resisting this case, and the victim is subject to criminal punishment for the reason that the defendant insulting

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제311조

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