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(영문) 서울서부지방법원 2016.12.02 2016고정1253
모욕
Text

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

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

Reasons

Punishment of the crime

While the Defendant jointly operated a “D” club in Mapo-gu Seoul Metropolitan Government as a victim B (n, 35 years of age) and a Dong business, there was a dispute over the right to operate the said club.

On June 24, 2016, at around 20:00, the Defendant openly insulting the victim by saying, “In the case where there are many people, such as the victim and the staff of the middle club, who had a dispute with the victim with respect to the right to operate in the above club, the Defendant was sexually insulting the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning B;

1. The application of the above evidence to the voice file (in light of the above evidence, although the defendant was not a big voice at the time of the instant case, it can be recognized that the fluench distance was speeched as stated in its reasoning so that people around the horse can listen to the victim. This constitutes a patent insult of the victim).

1. Article 311 of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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