(영문) 서울남부지방법원 2016.10.19 2016고정534

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.10.19 2016고정534

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

Punishment of the crime

The Defendant is a victim C and 1 Dong 724 of Yeongdeungpo-gu Seoul Metropolitan Government who was an employee of the Defendant’s “E” company.

At around 10:00 on April 1, 2015, the Defendant, on the ground that the victim was aware of his/her duties within the office of the victim of the above company, and said that the victim would lose his/her company by showing his/her resignation and retired his/her company. While the victim was verbally in a dispute with the victim, the Defendant, while having been working with the said company, said company’s employees, made a public insult of the victim by stating “this Chewing gue” to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. A criminal investigation report (related to hearing the victim's statement relative to the F. The defendant and his defense counsel argued that "the defendant's insulting act is against the victim's assault, which is a legitimate act or self-defense that does not violate social rules, and the illegality of the defendant's insulting act is excluded as a legitimate act or self-defense." However, the defendant and his defense counsel's assertion cannot be accepted in light of the following circumstances acknowledged by the evidence of the judgment: (a) the defendant and the victim did not dispute each other at the time; (b) the degree of destructive expressions against the defendant's victim was not weak; and (c) even if the defendant insultd the victim in response to the victim's assault, this is merely another attack; and (d) the defendant's act does not constitute a legitimate act or self-defense; and (e) the defendant'

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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;

참조조문

유사 판례

-서울중앙지방법원 2015.01.29 2014고단8839

-부산지방법원 2014.09.05 2014노1792

-서울동부지방법원 2020.05.15 2019노1711

-서울중앙지방법원 2015.11.26 2015노3300

-서울북부지방법원 2019.08.13 2019고단547