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(영문) 청주지방법원 2019.01.08 2018고정1
모욕
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 14:30 on October 19, 2017, the Defendant publicly insultingd the victim from among the aforementioned mobile phone sales stores and customers, etc., on the ground that the victim did not settle his/her delinquent charges at C mobile phone sales stores located in Chungcheongnam-gun B, Chungcheong-gun, the Defendant stated that “the victim of this e-mail, Narara, Larara, the same year as this e-mail, and the same year.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Application of the 112 reported case handling table and the Acts and subordinate statutes governing the complaint filing place;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act, which bears the cost of lawsuit, is a majority of the criminal records of violence including the sentence, and the crime of this case committed during the period of repeated crime which has not yet been released.

There are many witnesses, including victims, to deny crimes and to insult victims who are not significantly related to the responsibility of civil petitions their assertion, and to impose unfair responsibility on the victims, and to increase the suffering of victims.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime of this case, circumstances after the crime was committed, etc. shall be determined as ordered.

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