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(영문) 서울서부지방법원 2015.02.03 2013고정2295
모욕등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around 11:00 on January 16, 2013, the Defendant stated “I” in the written indictment against the victim F, who found a place before the office of the E in which the Defendant works as a driver, but is obvious that it is a clerical error, and thus ex officio correction is made.

에게 욕설을 하다가 피해자로부터 “어른에게 욕을 하면 되느냐 ”고 제지를 받자, 일행 G와 H가 지켜보는 가운데 피해자에게 “저 젊은 년은 누구냐 , 야! 이 년아! 너는 꺼져 썅년, 니가 무슨 상관이야 개 같은 십팔 년아! 빨리 꺼져, 너 가만 두지 않겠다”라고 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다.

"2013 High Court 2295"

1. Around 11:00 on January 16, 2013, the Defendant made a public insult of the victim by openly insulting the victim on the ground that the victim H was found in front of the front of the E’s house located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and that he was about to enter into the house, while G, F, and name-disceptors, etc. are heard by the victim, “I have to see what he had to go in the middle of the same year, and what he would be the same as that of the middle year,” and “I have to see the victim.”

2. For the reason that the injured Defendant entered the victim H into the E’s house at the same time and place as the above 1.1. paragraph 1., the injured Defendant placed the victim’s chest part at two times with the right blus part of the victim’s chest part, and placed the victim a pressure and trade with the left part of the wall requiring medical treatment for about 14 days.

Summary of Evidence

"2013, 2082"

1. Statement of the accused in the second protocol of trial;

1. The statement of each police officer made to F and G "2013, 2295";

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of witness H in the fifth trial record;

1. The police statement of H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 311 of the Criminal Act; and selection of fines;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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