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(영문) 서울북부지방법원 2015.03.12 2014고정1465
모욕
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

At around 15:00 on November 1, 2013, the Defendant publicly insulting the victim by publicly insulting the victim on the ground that the victim C was not paid the wage in front of the Yananandong-gu Office of Employment and Labor 900, Seocheon-gu, Seocheon-gu, 15:00, on the ground that the victim was able to have two members of the victim’s day-to-day behavior due to disregarding himself.

Summary of Evidence

1. The defendant's partial statement in court (any statement made on the fifth public trial to the effect that there exists any fact recorded in the facts constituting the crime on the market);

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel asserted that ① there is only two persons working in the instant field, and thus, the victim cannot be deemed to have a performance. ② Although the victim was filed with the Ministry of Employment and Labor by failing to receive wages from the victim, the victim’s petition was made to the Yanananananan District Office, but the victim’s insulting speech was heard by the victim during the process of mass interrogation, and the statement was reached as indicated in its reasoning, and thus, it did not violate the social rules.

2. Determination

A. According to the evidence revealed prior to the determination of whether performance was performed or not, the following circumstances are acknowledged: (a) when the defendant makes a statement as stated in the facts constituting the crime in the judgment of the court below, two persons working together with the victim in addition to the victim; and (b) the place in which the instant case occurred are the front way of the Yananananan-gu Office and the place

In full view of these circumstances, it is reasonable to deem that the Defendant had a performance at the time of speaking on the facts constituting the crime as indicated in the judgment.

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