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(영문) 서울중앙지방법원 2011. 7. 28. 선고 2010고정6847,2010고정6981(병합) 판결
[상해·명예훼손·모욕·업무방해][미간행]
Escopics

Defendant

Prosecutor

Lee Sung-hoon

Defense Counsel

Attorney Kim Young-soo (Korean National Treasury)

Text

Defendant shall be punished by a fine of four million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 50,000 won into one day.

To order the defendant to pay an amount equivalent to the above fine.

Criminal facts

" 2010 Many 6847"

The Defendant is a person who operates the Jongno-gu Changdong, Jongno-gu, Seoul with the trade name “○○○○○○○○” in the building, and the victim Nonindicted Party 1 (the Nonindicted Party in the judgment of the Supreme Court) (the victim is 62 years old and son) is a person who is working in front of the Defendant’s shop, and the two persons are not good in a flat appraisal.

A. On April 16, 2010, the Defendant expressed a bath to the victim, such as “Chewing single and single that has been suspended from the execution of execution,” on the ground that the Defendant and Nonindicted 2 were in dispute with the Defendant, while taking a bath to the victim on the ground that Nonindicted 2 and the Defendant were in dispute, at around 5-6 p.m. on April 16, 201, the Defendant carried out the left-hand branch, single, and single on the left-hand branch, single, and single that require two weeks’ treatment by pushing the victim’s shoulder, leading him to the single and singlebro, leading him to the single.

B. On May 16 of the same year, at around 16th of the same year, at the shop where the above victim is running his business, he damaged the reputation of Nonindicted Party 1 by openly pointing out facts, such as reading out the judgment of the court who was sentenced to a suspended execution on the part of the Defendant, and pointing out the fact that Nonindicted Party 2, etc. were faced with a chemical disease and broken down, and Nonindicted Party 2, etc. were left.

C. On May 13, 2010, the victim was born at the same place as the above-mentioned B, and Nonindicted 2 et al. took a bath to “Chewing feass and feass who were suspended,” and publicly insulting the victim by openly insulting the victim at the place where Nonindicted 2 et al. were located.

" 2010 Highly 6981"

피고인은 2010. 5. 11. 14:00경 서울 종로구 창신동 (지번 생략)에 있는 피해자 공소외 1의 노점 앞에서, 피해자가 피고인에게 상해를 가한 범죄사실의 판결문을 제시하면서 “이 새끼야, 너는 집행유예 판결을 받았다”라고 말하고, “민주화 보상금을 사기쳐서 받아먹은 놈, 거지같은 놈”이라고 욕설을 하고, 손으로 피해자의 어깨를 1회 툭 치는 등 피해자의 노점 앞에서 약 1시간 동안 소란을 부려 그곳 노점을 찾은 손님들이 물건을 구매하지 못하도록 하여 피해자의 노점영업 업무를 방해하였다.

Summary of Evidence

1. Each legal statement of the witness Nonindicted 1, 2, and 3

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement on Nonindicted 1, 2, and 3

1. A medical certificate;

Application of Statutes

1. Article applicable to criminal facts;

Articles 257(1), 307(1), 311, and 314(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Shin Jae-sik

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