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(영문) 서울중앙지방법원 2013.09.27 2013고정1088
모욕
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendants and victims E (the age of 58) are merchants who operate a store with a store in the F shopping district in Seoul Jung-gu, Seoul, and there was conflict between the two parties in support of different candidates at the time of election of the president of the commercial building.

1. At around 18:20 on July 16, 2012, Defendant A insulting the victim by openly insulting the victim on the following grounds: (a) on the grounds that the victim slandered the principal of the present merchant and went in front of the “G store operated by the victim” under subparagraph 11 of the same Article; and (b) on the ground that the victim abusedd the principal of the present merchant and omitted confusion in the merchants’ meeting, Defendant A’s speech “hys, cysia, two-years, old nets, and humba, and humba.”

2. The Defendant, at the above date, at the above time, and at the above place, abused the victim by openly insulting the victim by saying, “Is another year, the same year, the year, the year, the year, the year, the year, the year, and the growth year,” as the victim’s large interest, is under the control of several merchants who will return to A, rather than observing the above situation.”

3. The Defendant, at the above date, at the above time, and at the above place, abused the victim openly by making the victim’s words “the same year”, while the victim’s several persons who are in the same name return to B, etc. keep the victim’s control, rather than according to the above circumstances.

Summary of Evidence

1. Application of each statute on witness E, H and I's respective statutory statements;

1. The Defendants: Article 311 of the Criminal Act; and Article 311 of the same Act;

1. Defendants to be detained 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

1. Defendants bearing litigation costs: It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 186(1) of the Criminal Procedure Act.

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