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(영문) 서울남부지방법원 2020.06.18 2020고정772
모욕
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 17:30 on December 31, 2019, the Defendant publicly insultingd the victim by referring the victim as the victim’s “child”, “Monra,” “Mona,” “Mona,” “Mona,” “Mona,” “Mola,” “Mola,” and “Mola,” and “Mari,” “Mari,” “Mari,” “Mari,” “Mari,” “Mari,” and “Mari, Hadi, Mari, Mari,” “Mari,” “Mari,” and “Mari, Hadi, Hadi, who had been sexual assaulted,” in the subway 1928 underground along the Southern 1928.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of statutes on field video CDs to the insult;

1. Relevant Article 311 of the Criminal Act and Selection of Punishment for the Crime. Article 311 (Selection of Fine)

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant’s act is not unlawful since the victim made a verbal and insulting speech on the ground that the Defendant did not have to do so first, and the victim made an insulting speech.

However, according to the evidence adopted and examined by this court, the victim only demanded the defendant to be subject to death, and does not seem to have made an insulting speech, and even if there were such facts, it constitutes a legitimate act in the subway where many people of the defendant make the above serious humiliation to the victim.

Since it cannot be seen that the illegality is excluded, the above argument cannot be accepted.

It is so decided as per Disposition for the above reasons.

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