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(영문) 부산지방법원 서부지원 2018.08.10 2018고단422
모욕
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On July 15, 2017, the Defendant first used the victim B (45 years old) computer at the Busan District Court first floor integrated civil petition office located in the Busan District Court Dongdong-gu, Busan on July 15, 2017.

In the case where there is room and C, etc. for reasons of the change of the defendant to the defendant, the victim " shall be given only once the head of these gue, so that they have good satch, and that they have good satch;

The Secretary-General of the Ministry of Administration and Home Affairs shall be assigned to him;

The head of the Gu, Eargue, Madar, Madar Madar

The term "publicly insulting the victim" and "publicly insulting the victim."

Summary of Evidence

1. B Legal statement;

1. The Defendant and the defense counsel did not make any such statement as stated in the facts charged, and the Defendant and the defense counsel made such a statement as above for family affairs.

Even if this is merely a simple expression of appraisal, or it does not constitute a crime as a speech to the extent that a defendant is able to become a young victim.

However, in full view of all the evidence presented above in the summary of the evidence, it is recognized that the defendant made a statement as stated in the facts charged to the victim. Considering the developments of the case, the situation at the time, and the relationship between the defendant and the victim, such a statement appears to constitute an anti-destructive expression, and it cannot be viewed as an act that does not go against the social norms. Thus, the defendant guilty of the facts charged in the

Application of Statutes

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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