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(영문) 서울중앙지방법원 2017.08.31 2017고정1681
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 December 6, 2016, at the D office located in Jung-gu Seoul Metropolitan Government C6, around 09:00, the Defendant changed to the victim F due to the following reasons: (a) on December 6, 2016, four of the above D staff E, etc.: (b) on the victim F.

The victim publicly insultingd the victim by stating that he/she was a fake weather year.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police statement made with respect to G and H;

1. Application of the respective Acts and subordinate statutes of H and I

1. The pertinent Article of the Criminal Act, Article 311 of the Criminal Act regarding criminal facts, the selection of fines [the Defendant’s act is not acceptable in light of social norms as it is difficult to see that it is reasonable in the means and methods, and it was an urgent and inevitable means.

It can not be seen that it constitutes a legitimate act or a legitimate defense that does not violate social rules.

Therefore, we cannot accept the argument of the defendant and his defense counsel to the purport of disputing it.

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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