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(영문) 서울남부지방법원 2020.09.16 2020고정1389
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On May 14, 2020, at around 11:59, the Defendant publicly insultingd the victim by referring the victim D (ma, 31 years of age) to “C” in Gangseo-gu Seoul Metropolitan Government on the ground that “C” had two persons, such as the staff E of the victim, on the ground that the victim D (ma and 31 years of age is obliged to control disease due to Crona 19).

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement D and written statement by the police for E;

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. The fines imposed on the summary order on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act cannot be deemed excessive since it is determined by comprehensively taking account of all the conditions of sentencing, including the motive and background of the instant crime, the content and degree of the insulting expression by the Defendant, the circumstances before and after the instant crime, the criminal records of the Defendant, and the balance of sentencing with similar cases. There is no change of circumstances to determine otherwise

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