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(영문) 서울북부지방법원 2017.07.05 2017고정200
모욕등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant was a person who was living in the building of the victim C (V, 59 years old).

On June 13, 2016, around 20:47, the Defendant: (a) sought a complaint against the victim’s passage at the residence of the victim located in Dongdaemun-gu Seoul Metropolitan Government D by stating that the victim is winding with another male; (b) however, the main gate was not locked.

At this time, although the husband E of the victim's her husband and the defendant enter the residence and returned home, E entered the above residence and intrudes upon the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing the public prosecution under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment (the point of insult);

1. Around 12:00 on June 4, 2016, the Defendant, as a result of the appraisal that was not good for one another while living in the “G beauty room” located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul. Around 12:0, the Defendant, among many customers other than the State-H, expressed the victim’s desire to “years, her husband, her husband, her husband, her husband, son, and her mentally ill person,” to openly insult the victim.

2. Judgment dismissing a public prosecution subject to prosecution subject to prosecution - Article 312(1) of the Criminal Act - Revocation of a complaint: Submission on May 24, 2017, after the institution of public prosecution in this case - Applicable statutes: Article 327 subparag. 5 of the Criminal Procedure Act

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