(영문) 수원지방법원 2020.06.17 2019고정1810

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줄 간격

자간(%)

(영문) 수원지방법원 2020.06.17 2019고정1810

모욕

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the head of the Office of Administration of the C guard and the defendant B is the C guard.

On August 25, 2019, at around 13:10 on August 25, 2019, the Defendants insultd each victim E, respectively, by openly insultingd the victim E, including the victim E, who wishes to enter a church for the reason that the victim E is frequently avoiding disturbance from the ordinary church located in Suwon-gu Seoul Metropolitan Government, and the victim E, at a place where a large number of unspecified persons, such as the franchis, are located.

(A) Although the Defendants were able to hear the above bath to the victim, they argued that performance is not recognized since there was only five persons who were victims and victims, F, G, etc. However, according to the following evidence: (a) at the time when the victims and the Defendants were aware of the dispute, the taxi was stopped at the time of the dispute between the victims and the taxi; (b) the victim was in a stop; and (c) the fact that the cab was on board F and G, which are drivers, could have been able to hear the dispute between the Defendants and the victim; and (d) the fact that the cab was the victim’s seat, the performance cannot be denied solely on the ground that the above persons were victims. Furthermore, according to the victim’s legal statement and the police interrogation protocol on the accused B’s interrogation of the police interrogation of the Defendants and the victims, the fact that the members of the church existed around the taxi at the time of the dispute can be acknowledged. Accordingly, the Defendants’ assertion is without merit).

1. Legal statement of witness E;

1. Defendants’ partial statement

1. Application of the police interrogation protocol to the Defendants, which contains some statements

1. Relevant Article 311 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: The Defendants shall be punished by a fine, respectively.

1. The penalty surcharge of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. The Defendants under Article 59(1) of the Criminal Act have no record of criminal punishment.

참조조문

유사 판례

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