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(영문) 인천지방법원 2019.11.29 2019고정1893
모욕
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 18, 2019, around 13:00, the Defendant publicly insultingd the victim B by openly insulting the victim’s “Fachisor same fachisor” in front of the Public Relations Promotion Center of the Incheon Jung-gu Incheon, Jung-gu, Incheon.

Summary of Evidence

1. The police statement concerning B;

1. Video file CDs;

1. A complaint stating that the Defendant’s statement as stated in the facts charged is difficult to readily conclude that the Defendant’s statement was an insulting speech, and thus does not constitute an offense of insult, and the Defendant’s act constitutes an act that does not contravene social norms in light of the circumstances before and after the crime of insult. In addition, the insult as stated in the crime of insult refers to the expression of an abstract judgment or sacrificous sentiment that may undermine the people’s social reputation without stating the facts (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003). In addition, the term “public performance” in the crime of insult refers to the state in which an unspecified person or multiple persons can be identified, as in the case of defamation (see, e.g., Supreme Court Decision 2018Do4200, Jun. 15, 2018). In light of the foregoing legal doctrine, the instant case’s health team duly adopted and investigated by the court, namely, the victim’s statement or abstract evaluation of the victim.

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