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(영문) 서울중앙지방법원 2015.06.24 2015고정1541
모욕등
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of seven hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On November 30, 2014, around 01:18, the Defendant insultd the victim publicly by publicly alleging that the victim E (here, 47 years of age) in Gwanak-gu, Seoul Special Metropolitan City, would have been waiting the victim to sleep while calculating the customer’s first being employed as an employee, and there is a F (67 years of age) who is an employee or employee and a female customer in his/her name in secret, etc., who is the victim.

B. On November 30, 2014, from around 01:18 to around 01:33, the Defendant interfered with the business of the victim for about 15 minutes by avoiding disturbance while bringing the disturbance to the victim’s large interest at the place of the foregoing paragraph (a).

2. At the time and place specified in paragraph (1) of this Article, the Defendant publicly insultingd the victim by openly insulting the victim to the victim “as to whether he/she has reported with the same child, or with the same child, or with the name of a female guest, etc., among the following: (a) on the ground that the victim E, an employee, was reported to the police by Defendant A by avoiding disturbance.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Complaints of E preparation;

1. A written statement of E;

1. A written statement in F and G preparation;

1. Application of CCTV-recording video-recording-recording Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 311 of the Criminal Act (a point of insult), Article 314(1) of the Criminal Act (a point of interference with business), and the selection of fines

B. Defendant B: Article 311 of the Criminal Act; Selection of fine

1. Defendant A from among concurrent crimes: the former part of Article 37, 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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