logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.06.14 2013고정1155
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was the representative of the Dong-gu Incheon Gyeyang-gu 206 D apartment, and was recommended to resign from the representative due to the problem of non-payment of vehicle parking fees from the victim E.

Around November 18, 2012, the Defendant initially insultingd the victim by presenting a petition stating that “A victim E does not resign from his/her representative due to the vehicle parking fee, if he/she does not withdraw from his/her office due to the payment of the vehicle parking fee,” and by openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a written complaint, a written complaint (8 pages, 52 pages), and a criminal investigation report;

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

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order cannot be viewed as an expression of abstract judgment or anti-satisfic sentiment, as stated in the facts of crime, and the above expression is an act that does not violate the social rules.

In the crime of insult and insult, the expression "in the crime of insult" refers to an abstract judgment or sacrific sentiment which could undermine the people's social evaluation without mentioning facts (see, e.g., Supreme Court Decision 2008Do8917, Dec. 11, 2008). It merely recommends the defendant to resign from the representative due to the issue of the payment of parking fees, etc., for the victim E to resign from the representative, even though E merely recommends the defendant to resign from the representative, it can be deemed as an expression of an abstract judgment that could undermine the social evaluation of E, and the method and degree of expression such as criminal facts, and the explanation of the other party's reason for dismissal.

arrow