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(영문) 광주지방법원 2017.07.20 2017고정334
모욕
Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendants are not married couple, and the victim D(34) is a lessee who has entered into a lease contract with the defendant A.

1. The Defendant’s insultd Defendant A refers to disputes arising from the allocation of fines for negligence due to illegal extension on the side of the opposite side of the dives park, which is located on October 25, 2016, around 13:30, Naju-si, 78, Ganho-si, which is a 78-hives Park, and there are only people in a name unsound, and the victim’s “I have made the kitchen and made the kitchen, and there is no fine for thickness;

이 자식 아. 너는 의리가 없는 새끼여, 또 고 발해 라, 에이 개새끼야. 이 씨 발 놈 아, 니 미 씨 벌 놈 아, 콱 개새끼 시발 놈” 이라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

2. The Defendant’s injury inflicted an injury on the part of Defendant B, who opened a house at the same time and place as above 1, and opened the upper part of the victim’s body by hand over the upper part of the victim’s body, resulting in an injury on the part of the victim, such as the evidence of the left-hand elbow bow blus, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Legal statement of the witness D;

1. A written diagnosis of injury;

1. Evidence photographs (Defendant B is merely a civilian in the sense that he returns to the victim in order to speak the dispute between A and the victim, who is her husband, and there is no fact that he/she inflicted an injury by harming the victim. However, according to evidence duly adopted and investigated by this court, the defendant was found to have inflicted an injury by harming the victim. Thus, the above assertion is rejected).

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 311 of the Criminal Act (Optional to the punishment)

B. Defendant B: Article 257(1) of the Criminal Act (Optional to a punishment)

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Article 334(1) of the Criminal Procedure Act (Defendant A)

1. Suspension of sentence (Defendant B) Article 59(1) of the Criminal Act (the punishment to be suspended: fine of 300,000 won);

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