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(영문) 서울서부지방법원 2018.09.19 2018고정560
모욕
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around August 2017, the Defendant read the text message sent by the Victim K in the “F” restaurant operated by D (one person E) located in Seodaemun-gu Seoul, Seoul, and read the text message sent by the Victim K while hearing G (one person H), I (one person J), etc. at the “F” restaurant operated by D (one person E) in Seodaemun-gu, Seoul, and read the victim’s “satis at night, at night,” and “sat night” sound for the victim.

D. The term “fluent year” refers to “a year in which he or she does so,” and continued to read “fluent year in which he or she does so,” and “fluent year in which he or she does so,” and “fluent year in which he or she does so,” and publicly insulting the victim.

Summary of Evidence

1. The legal statement of K Witness;

1. Partial statement of a witness I;

1. Statement made by the prosecution with regard to I;

1. In the investigation report (in the case of a witness E phone statement), the Defendant and his defense counsel alleged that the phrase “(i.e., “(ii)” sound at night is not an insulting expression at night, but an insulting expression. However, in light of the fact that the Defendant and his defense counsel stated that the victim’s “(ii)” sound at night is not an insulting expression, it constitutes a insult by expressing an abstract judgment or a destructive sentiment that could undermine the people’s social evaluation.

In addition, the defendant and his defense counsel asserted that the part of the defendant who continued to take a bath, such as "the year in which the defendant grow quickly", is not the victim but I. However, according to the above evidence, the above part is also recognized as having been committed by the defendant to the victim."

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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