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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On November 20, 2019, between 18:30 and 19:00, the Defendant publicly insultingd the victim D by stating that “A complete network is necessary”, while the Defendant is hearing a total of seven members, including six managing members and the managing director, at the meeting room of Sung-nam-si Btel 2nd, Seongbuk-gu, Sungnam-si, Sungnam-si.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to the petition or record of complaint;
1. Article 311 of the Criminal Act and the choice of fines concerning the crime;
1. A fine not exceeding 300,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;
1. The defendant asserts that the defendant's argument regarding the defendant's argument under Article 59 (1) of the Criminal Code (see, e.g., taking into account the circumstances favorable to the defendant among the reasons for sentencing) of the suspended sentence is true, but this means only such a statement in the overall situation where the meeting is obstructed, and it does not constitute insult against the victim.
The offense of insult under Article 311 of the Criminal Act is an offense, the legal interest of which is protected by the external reputation, which means a social evaluation of the value of a person. The offense of insult referred to in the offense of insult refers to the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social
In a prior way, “lorn” refers to “a speech from a very rough and disorderly perspective to a person who defames another person,” and such expression constitutes an insulting speech that defames and destroys the victim’s character by itself, and thus, the Defendant’s intent of insult is recognized. The expression constitutes an expression of an abstract judgment or a destructive sentiment that may sufficiently undermine the victim’s social evaluation, and thus, ought to be regarded as an offense of insult.
The reason for sentencing is that there are circumstances that can be considered in the course of occurrence of the case, that the defendant is the primary offender, and that the defendant is the age of the defendant.