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(영문) 서울중앙지방법원 2017.11.30 2017고정1272
모욕등
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

The Defendants are those operating the Flaundry in Gwanak-gu in Seoul Special Metropolitan City, and the victims D (e.g., the age of 58) are those operating the G Hague shop on the side of the said laundry, and the Defendants and the victims are facing conflicts.

1. From around 17:24 on December 7, 2016 to 18:04, Defendant A, on the ground that the injured party was subject to removal of two of his laund signboards in front of the above beauty room by inserting a civil petition to the Gu office, he publicly insulting the victim’s cosmetic, who opened a cosmetic door from among female customers suffering from a laundry laund, and caused the victim’s laundry, and obstructed the victim’s laundry business by openly insulting the victim’s laundry 20 minutes by avoiding disturbance, such as taking the victim’s laundry.

2. Defendant B, around December 16, 2016, at around 11:30, there were two public officials in laundry on the street of the said laundry, etc., who had the name in laundry, “I had the same laund, and did not have any way for 28 years.”

The victim publicly insultingd the victim by expressing the word “....”

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of the witness D;

1. Statement made by the police with regard to D;

1. A complaint filed against D;

1. The results of reproduction and viewing of CCTV storage CDs (the list of examination evidence Nos. 13);

1. Results of reproduction and viewing by video CDs (for example, list No. 13 of victim evidence) at the scene of an accident;

1. Application of each Act and subordinate statute of evidence photographs, reference photographs, and victim submission photographs;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 311 of the Criminal Act (a point of insult) and Article 314(1) of the Criminal Act (a)

B. Defendant B: Article 311 of the Criminal Act

2. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act.

3. Selection of each alternative fine for punishment;

4. Article 70 (1) and Article 69 (2) of the Criminal Act for the attraction of a workhouse.

5. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

6. Article 32 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order.

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