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(영문) 광주지방법원 순천지원 2017.06.21 2016고정391
모욕
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2016. 3. 20. 16:10 경 전 남 구례군 산동면 지리산 온천로 448 노상에서 구례 산수유 꽃축제 행사장 교통 소통을 위해 교통정리를 하고 있던 피해자의 부 C에게 자기 쪽 차선의 차량을 빨리 보내주지 않는다는 이유로 말다툼을 하던 중 차 안에 있던 피해자 D에게 “ 뚱뚱 한 여자가 무엇 먹고 살쪘냐,

The victim publicly insultingd the victim by openly speaking in a large sense, such as the "provoking to walk."

Summary of Evidence

1. Legal statement of witness E;

1. Application of the statutes in which the statements of witnesses D and C are stated in the third public trial protocol;

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. 가납명령 형사 소송법 제 334조 제 1 항 [ 피고인과 변호인은, 피고인이 “ 뚱뚱 한 여자가 무엇 먹고 살쪘냐

We are trying to walk.

“......”

Even though the victim was able to take a vehicle inside the window in which the victim was able to drive, the mother of the victim and the son of the victim, and the son of the victim only in the vehicle at the time, and the son's son's son's son's son's son's son's son's son's son's son's Professor

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant was able to recognize the Defendant’s speech at the time when the Defendant made the above statement.

It is reasonable to view it.

Therefore, “public performance”, which is the element of the crime of insult, was met (as long as an unspecified person or a group of people could have known the Defendant’s speech at the time of the crime, it is a requirement for recognizing the public performance when a certain number of persons in a specific lawsuit made an insulting speech.

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