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(영문) 서울동부지방법원 2016.12.06 2016고정1468
모욕등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a security guard in Songpa-gu Seoul Metropolitan Government, and the victim D and the victim E are the joint operators of F's store located in the above commercial building.

1. Defluence;

가. 피해자 D에 대한 범행 피고인은 2016. 5. 5. 14:50경 위 상가 지하 1층의 G역 7번 출구 방향 출입문에서, 피해자 D이 졸고 있던 피고인에게 “이제 다 주무셨어요”라고 말을 건넸다는 이유로 다수의 행인들이 듣고 있는 가운데 피해자에게 “야 개새끼야. 니가 뭔데 상관이냐. 이 씹새끼, 좆같은 새끼”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

B. The Defendant committed a crime against the victim E.

F, around 15:00 on the same day, at F, with the first floor of 45 above the commercial building.

The victim E, like the same as the paragraph, expressed that the victim E, who takes a bath according to D, said that the victim E said that “I will have a customer, who will interfere with his/her business, and will work in the shop,” thereby publicly insulting the victim by speaking to the victim as “I want to die at the same bit of bitbit of bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bit of a bitch of a

2. The defendant who interferes with business affairs under paragraph 1(b).

At the time and time stated in paragraph (1) above, the victims’ desire to take care of the victims and the “F” jointly operated by the victims E, and the victims’ desire to take care of the disturbance for about 30 minutes by avoiding the disturbance, such as taking an article into consideration, and allowing three customers on the above store to leave, thereby interfering with the victims’ work of operating the store by force.

Summary of Evidence

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

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of each complaint letter, each written confirmation, photographs, business registration certificate, photographs of the place of crime, and Acts and subordinate statutes to recorded files;

1. Article 311 of the Criminal Act and Article 314 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines.

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