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(영문) 수원지방법원 2013.11.27 2013고정1508
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, a public prosecution against insult is instituted.

Reasons

Punishment of the crime

At around 00:30 on November 26, 2012, the Defendant publicly insultingd the victim F, who is an employee, on the ground that there was “E” located in Suwon-gu Suwon-gu, Suwon-si, Suwon-si, which is an employee, on the ground that he did not promptly see the instant World Cup.

Summary of Evidence

1. C’s legal statement;

1. Each statement of the F;

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

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The rejection of prosecution under Article 59(1) of the Criminal Act (the defendant agreed with C as follows, and the victim F is placed in a situation where it is difficult to reach an agreement due to the circumstance that F enters the military, etc., and the circumstances leading to the instant crime)

1. The summary of the facts charged is as follows: (a) on November 26, 2012, the Defendant: (b) entered the “E” located in D in Suwon-gu, Suwon-si, Suwon-si; and (c) made public insults to the victim of his employee C in the presence of G and Buddhist customers, by entering the said place; (b) “An employee C does not have a coffee,” and (c) embris in the soft, string, flaf, flaf, and so on.”

2. This part of the facts charged is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon a victim’s complaint under Article 312(1) of the Criminal Act. This part of the facts charged can be acknowledged as the fact that the defendant cancelled the complaint against the defendant after the prosecution by making a statement that the defendant does not want the victim’s punishment on August 28, 2013. Thus, this part of the prosecution against the defendant is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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