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(영문) 서울중앙지방법원 2016.06.20 2016고정621
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

1. On September 9, 2015, at around 16:00, the Defendant openly insultingd the victim at the location reported by 4 through 5 employees in the office, who were in the 4th floor C Office of Gangnam-gu Seoul Metropolitan Government, on the part of the victim D (36 taxes) and the attorney-at-law who left the law firm, on the part of the victim’s seal impression in the 4th floor C Office of Seoul, Gangnam-gu, in which the Defendant made a conversation on the head of the victim D (36 taxes) and the attorney-at-law who left the law firm.

2. From September 10, 2015 to September 17:20, the Defendant requested the Victim D (36 tax) to talk with the Defendant on the control day by requesting the Defendant to talk with each other within the said office, the Defendant’s first categorized the Defendant’s “this pair of copule”, “Wook,” and “low kis.”

The victim publicly insultingd the victim at the place where 4-5 employees are reported, saying, “.....”

Summary of Evidence

1. Partial statement of the defendant;

1. A complaint;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to recording notes;

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. The Defendant alleged to the effect that the instant crime was committed by the victim’s gambling for other purposes, which does not go against the social norms, but even if there are some circumstances in which the victim stimulates the Defendant’s appearance, the victim attempted the Defendant’s desire.

It is difficult to see, and in light of the degree of bath, etc., the defendant's above assertion cannot be accepted.

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