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(영문) 수원지방법원 2017.02.09 2016고정1296
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the first Dong representative of C apartment house (environmental director).

On February 24, 2016, at the conference room of the second floor of the Dong management office of the apartment complex C, in Suwon-gu, Suwon-gu, the defendant, around 20:00, 10 people, such as the representative of the apartment building D, etc., are gathered, and when the defendant conducted a horse match with the victim E, the representative of the apartment building (facility director), due to an apartment pending issue, and the victim " how the human beings, such as dogbs, human ma, have become the representative."

The victim openly insultingd the victim by speaking as “the answer of a fake, an allied voice, sound, and satisfy,” and speaking as “the word must be argued.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D, and F;

1. Complaint;

1. F submitted sound recording filecd (the Defendant and his defense counsel asserted that such act constitutes an act that does not contravene social norms in light of the motive and background of expression, the degree and proportion of expression, etc. However, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine people's social evaluation. The offense of insult occurred in a situation where the Defendant, who is in the same representative position as the victim in preparation for the meeting, expressed an sacrific sentiment including the victim's desire to harming the victim, thereby undermining the victim's external reputation, and the victim was frightd to insult the victim on the job where another representative is in the same place.

As long as the offense of insult is established, considering the place where the act of insult was committed, the status and relation of those who were at the present site, the contents and degree of expression, etc., such an act does not constitute an act that does not contravene social norms.

Application of Statutes

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. The Criminal Procedure Act of the Provisional Payment Order.

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