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(영문) 서울중앙지방법원 2020.09.08 2020고정30
모욕
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on October 21, 2019, the Defendant: (a) had a civil petitioner, etc. who copied at the duplication room located in the Seocho-gu Seoul Central District Court’s general petition room, Seocho-gu, Seoul Central District Court, for the purpose of using the victim B (the age of 38) and the duplication machine; (b) had a dispute, and (c) had the victim “the victim publicly insultingd the victim by putting the victim in a large sound, i.e., e., e., e., e., e., e., e., f., arro, arro, arro, arro, b

Summary of Evidence

1. Partial statement of the defendant;

1. A witness B and C’s each legal statement, Defendant, and Nonparty B’s each copy of the written accusation [the Defendant did not have an intention to insult the victim]. However, considering the victim’s meaning, social usage, the time and place where the above expression was used, the Defendant’s expression constitutes an expression that may undermine the social evaluation of the other party’s personal value. As such, the Defendant is recognized as having been aware of such meaning, the Defendant’s intent of insult is recognized. Moreover, the Defendant asserts that his/her statement is not recognized as a public performance. The elements of the crime of insult include a state in which many and unspecified persons can be recognized. Public performance, which is the constituent element of the crime of insult, is recognized as having been located in a place in which a civil petitioner (i.e., the court staff at work) using the reproduction other than the Defendant and the victim could hear the horses of the Defendant, and furthermore, the place where the above expression was made is close to the court public service center entrance at the time, and the point close to the court entrance at around three p.m.

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