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(영문) 수원지방법원 2015.05.21 2014고단5167 (1)
모욕
Text

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

When the defendant does not pay the above fine, 100,000 won shall be respectively.

Reasons

Punishment of the crime

C is the chairman of the council of occupants' representatives of D apartment, E is the senior citizens, and the defendant A is the director of the management office.

Defendant

A, together with C and E on May 9, 2014, came to the management office of D apartment at around 10:00.

At that time, in a situation where the employees of the management office are working for a number of persons, C publicly insultd the victim F by stating “F as soon as possible, to see, to see, to see, to see, to see, to see, e.g., whether the garment would be frighted,” and Defendant A read “F as if the thief was removed.”

Summary of Evidence

1. Partial statement of the defendant;

1. The term “influence” referred to in the offense of insult of a witness F and G’s testimony issues refers to the expression of an abstract judgment or satisfic sentiment that would prejudice the people’s social evaluation without revealing facts.

Defendant

Considering that A’s process of making the statement of facts constituting a crime known to A, namely, in a broad management office, C and E’s expression to criticize or mislead the victim, and the victim took place against the victim, the expression of the thief made by the Defendant A is not merely from the intent to verify the facts, but from the intent to reduce the social evaluation of the victim and to express the destructive sentiment by making use of the fact that the door of the council of occupants’ representatives has ceased to exist. In this context, such expression constitutes an insulting expression.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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