(영문) 서울남부지방법원 2021.01.20 2020고정1368

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2021.01.20 2020고정1368

모욕

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On May 5, 2020, the Defendant, at “the fireworks house” in the Gangseo-gu Seoul Metropolitan City B market, made the said flowers house with the Defendant’s bicycle, as a matter of compensation for the fire that had been on the top of the said fireworks, and brought about a dispute with the said fireworks house, and made a public insult of the victim by saying, “The victim C (V, 45 years old) who was on the short-term part of the said fireworks house is about to be the victim C (V) who was on the part of the said fireworks house, and the said fireworks are on the face of the victim, and the victim is on the face of the said fireworks house, and the victim is on the face of the victim.”

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Statement made by the police against C;

1. A written statement of C and D;

1. A complaint;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the 112 Report List, etc.);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (in cases where a sentence of suspension of execution is invalidated or revoked and a fine is not paid)

1. Judgment on the issue of Article 62(1) of the Criminal Act of the suspended execution

1. The summary of the Defendant’s and his defense counsel’s assertion did not state the victim’s words as indicated in the facts charged, and even if they had no intent to impair the victim’s personality, it does not constitute a crime of insult under the Criminal Act, and is not recognized as a public performance in the crime of insult.

2. In full view of the following facts and circumstances that can be recognized by the evidence duly adopted and investigated by this court, the Defendant’s assertion by the Defendant and the defense counsel cannot be accepted on the grounds that the victim made an insulting speech that could undermine the social evaluation of the victim’s personal value as well as the record of the facts charged, and that the victim’s performance may be recognized in the offense of insult.

The defendant made a statement as stated in the facts charged to the victim.

참조조문

유사 판례

-서울남부지방법원 2021.1.20. 선고 2020고정1368 판결

-부산지방법원 2013.11.07 2013고정3068

-서울고등법원 2014.10.16 2014노2024

-대전지방법원 2016.01.13 2015재고단64

-부산지방법원 2018.09.13 2018노2163