logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.31 2020고정832
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Criminal facts

The defendant and the victim B were in a de facto marital relationship in April 2019.

1. On June 2019, the Defendant calls to C, who is the seat of the victim, and “the victim is a fraudulent group, and his mother is a fraudulent group.”

“Publicly insulting the victim.”

2. Around June 2019, the Defendant called D, who was the victim’s seat, and got married from the victim.

It is the theory of fraud change.

The victim publicly insultingd the victim by referring to “d....”.

Summary of Evidence

1. Each legal statement of the witness C, D, and B;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 311 of the Criminal Act and the choice of fines for criminal facts;

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. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), the Defendant did not have made a statement to C and D as to the facts charged, and even if so, the Defendant made a statement to D as to the facts charged.

This asserts that there is no possibility of spreading to many and unspecified persons, and there is no performance.

According to the evidence adopted by the court and examined by this court, it can be acknowledged that the defendant made a statement to C and D as to the victim as to the facts charged, and in light of the relationship between C and D and the victim, the contents of the defendant's statement, etc., C and D could have disseminated the same statements as the defendant's facts charged to the unspecified or many

It is reasonable to view it.

Therefore, it is difficult to accept the defendant's above assertion.

The reason and contents of sentencing, the fact that the defendant has no record of punishment for the same kind of crime, the economic situation of the defendant, the age, sex and environment of the defendant, the result of the crime, and the circumstances after the crime.

arrow