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(영문) 창원지방법원 2015.04.10 2015고정29
모욕
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On September 15, 2014, around 23:30 on September 23:30, 2014, the Defendant determined that a car parked by the victim F was inconvenienceed in traffic due to the car parked by the victim F, and called the said F to move the vehicle to the said F, and called the victim to have arrived at the same place, and made the victim talked to the victim so that he can hear the female friend by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of F's accusation Acts and subordinate statutes;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On September 15, 2014, at around 23:30 on September 15, 2014, the Defendant: (a) judged that the car parked by F in front of the window of Changwon-si was inconvenienceed by traffic; (b) called the above F to move the vehicle to the said F; and (c) expressed the said F F to be heard by his/her female-friendly group of children who arrive at the said place; (d) expressed that “I am friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, etc., who was the victim who was dispatched after receiving 112 report; and (d) expressed that the said F F and F and its female-related police officers were sexually insulting.

2. The facts charged in this part of the judgment below are the crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victims' complaint under Article 312(1) of the Criminal Act. According to the records, it can be acknowledged that the victim C and D cancel the complaint against the defendant on March 11, 2015, which was after the prosecution of this case was instituted. Thus, the prosecution on this part is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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