logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.01.22 2019고정303
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 13:57 on February 21, 2019, the Defendant openly insulting the victim by saying, “On the street, scambling, scambling, and scambling, scambling, scambling, and scambling, scambling,” at the location of two persons related to the victim’s company, on the ground that he requested the receipt from the victim D while he was in receipt of Kwikset to the victim D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D (alias) and E;

1. The Defendant asserts to the effect that CCTV images, recording files, and the Defendant’s statement do not constitute insult, and that the Defendant’s act is not recognized as a performance.

Definating as referred to in the crime of insult means the expression of an abstract judgment or a disfinite sentiment that may undermine an external reputation, which means a social evaluation of the value of a person. Moreover, performance in the crime of insult refers to a state in which an unspecified or many unspecified persons can recognize, as the performance in the crime of defamation.

In light of the health stand, the contents of the Defendant’s statement, the background of the occurrence of the case, the circumstances after the occurrence of the case, and the relationship between the Defendant and the complainant, etc., the contents of the Defendant’s statement constitute insult as a matter of undermining the victim’s social evaluation. At the time of the Defendant’s statement, not only the Defendant and the victim, but also two outside customers, etc. of the victim, such as company fees and the victim’s external customer, and the above company fees and the customer had been located far away from the Defendant’s location, but the above company fees and the customer suffered a few meters away from the Defendant’s location. However, the above company fees and the customer did not spread the Defendant’s statement.

arrow