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(영문) 서울남부지방법원 2018.12.05 2018고정1028
모욕등
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. A special intimidation Defendant A, at around November 1, 2017, 08:30 on the first floor disaster prevention room located in Guro-gu Seoul Metropolitan Government, on the ground that, at the request of the Secretariat of the C church, the victim E (44 years of age) was flicked to D, the father of this case, in the course of preparing a written confirmation of the facts related to the irregularities of the head of the disaster prevention office D at the request of the Secretariat of the C church Secretariat of the C church located in Guro-gu Seoul Metropolitan Government

C. C. S. T. T. Haves the flve of the match, and the flive of the fire extinguishing machine, which is a dangerous object, made a threat to the victim.

2. Defendant A’s insultd the victim E by openly insulting the victim on several occasions, on the same date and time as, and at the same place as, the above paragraph 1, five staff members of the disaster prevention room.

Summary of Evidence

1. Partial statement of the defendant;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. Stenographic records;

1. Investigation report (related to statement of a witness) (in relation to special intimidation, the defendant had no intention to make intimidation)

However, according to the evidence of the court below, the defendant's gathering of a fire extinguishing machine and the victim's words "influence of a fluor" and acting as if the victim would pose a threat to the victim, which led to the victim's fear. Accordingly, the victim's speech and behavior seems to have been stimulated, and the victim's expression and behavior cannot be deemed to be merely an expression of emotional humiliation or temporary labor, so the defendant's intent of intimidation is sufficiently recognized."

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, even if the defendant recognizes it as a substitute for the crime, is still the victim.

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