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(영문) 대전지방법원 천안지원 2017.01.20 2016고정746
모욕
Text

Defendant

Punishment on V shall be KRW 300,000 and KRW 500,000.

Reasons

Punishment of the crime

1. 피고인 V 피고인은 2015. 10. 16. 13:00 경 천안시 동 남구 C 아파트 관리사무소 내에서 아파트 관리비 문제 등을 이유로 위 아파트 관리 소장과 말다툼을 하던 중 피해자 O( 여, 41세) 가 관여를 한다는 이유로, 피해자에게 “ 네 가 뭘 안다고 지랄하느냐,

In other words, the victim was openly insultingd by the phrase "less the victim was satisfy."

2. The Defendant P, at the time, at the place specified in paragraph 1, and at the same time and place, and on the above grounds, while the victim P and the above apartment management complaint were in dispute with the Defendant for the foregoing reasons, he stated that “the victim P and the Defendant attempted to photograph the Defendant’s horse or dispute with the management complaint in a mobile phone camera,” and assaulted the victim’s hand on one occasion by hand, and then, he did not wh the victim’s hand over the victim’s hand over the victim’s age.

The purpose of this article is to “a young who is not satisfy,” thereby openly insulting the victim.

Summary of Evidence

1. The legal statement of Defendant V, part of Defendant P’s legal statement

1. The statement by the police against O [the defendant P does not constitute a justifiable act that does not go against the social norms, in light of the motive and background of the victim's grandchildren once, the age and body of the defendant and the victim, the degree of violence committed by the defendant, the emotional condition at the time of the defendant and the relation with the victim]

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant V: Article 311 of the Criminal Act; Selection of a fine

B. Defendant P: Article 311 of the Criminal Act (a point of insult) and Article 260(1) of the Criminal Act (a point of assault) and selection of each fine

1. Aggravated concurrent crimes P: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

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