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(영문) 수원지방법원 2014.09.25 2014고정2080
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, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A is an insurance solicitor, and Defendant B is the head of the management office.

1. On April 7, 2014, at around 09:05, Defendant A publicly insultd the victim E (the 49 years of age, South) at the management office of Suwon-si D Apartment Complex on April 7, 2014, with the view of F (the 42 years of age, South) such as “the Doner xe xome, where the xome xome is?”

2. At the temporary location of the above paragraph (1) above, Defendant B publicly insulting the above victim E, such as “I am sphere while I am sphere while I am sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere,” and “I am sphere sphere sphere sp

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 311 of the Criminal Act and the selection of a fine concerning the facts constituting an offense;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders

1. At around 09:05 on April 7, 2014, Defendant A, at the Management Office of Suwon-si D Apartment Complex, insulting the victim C (70 years of age, South Korea) with the phrase “Is the victim C (hereinafter “C) who sent the message as a patient with a chropopic chrop, Is the message as a patient with a chropopic chrop, and there are several dogs that I sent to Is the message as a patient with a cropopic chrop, and p alcohol.” As such, Defendant A made a public insult of the victim.

2. The facts charged in this part of the judgment are the crimes falling under Article 311 of the Criminal Act, and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.

According to the application for non-prosecution of punishment bound in the records of this case, since the victim C is recognized to have withdrawn the complaint under the agreement with the defendant A after the prosecution of this case, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act

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